Expertise/Financial Markets
& Regulation
Financial Markets & Regulation
Financial Services Industry experts
... advising financial firms on complex matters driven or affected by the supervision and regulation of the financial services industry. We:
- assist large national and international groups of banks, insurance companies, investment firms and other financial firms involved in complex M&A and capital markets transactions;
- advise on securities offering rules, the listing and trading of financial instruments, market abuse issues, and financial market infrastructures as experts in market regulation; and
- provide expertise for financial firms on all elements of licensing; governance and the structure of business operations; the structuring of financial services and products; regulatory capital issues and compliance with other rules of prudential supervision; and recovery and resolution.
Our experts are actively involved in legislative processes and, as lecturers and speakers, also contribute to the academic development of the supervision and regulation of the wider financial services industry.
Our AML practice group provide specialist advice on Anti-Money Laundering (AML) legislation, the implementation of AML in policies and agreements and on dealings with regulators.
Recent Matters
24 January 2023
Waterland funds reach final close of EUR 4bn in aggregate
De Brauw assisted Waterland Private Equity Investments (Waterland) as Dutch legal and regulatory counsel in relation to the closing of Waterland's ninth institutional flagship fund, Waterland Private Equity Fund IX ("WPEF IX") at EUR 3.5 billion, alongside Waterland Partnership Fund I ( "WPF I") at EUR 500 million. The funds closed at their respective hard caps four months after initial launch. WPEF IX will focus on investments in medium-sized companies in fragmented growth markets in Europe to finance organic and acquisitive growth. WPF I is the first fund of its kind under management of Waterland a natural extension of the Waterland platform. WPF I expects to make minority investments in a very select number of Waterland portfolio companies when these are exited.Interesting features comprised a stapled structure of multiple limited partnerships (CV's) under Dutch law and the use of feeder vehicles under Irish law. In addition to acting as Dutch legal and regulatory counsel, De Brauw also took on a coordinating role via its legal project management and data science department, with DocuSign and interactive subscription tools being used to make the fundraising process more efficient and streamlined.
27 October 2022De Brauw advises AEGON on the combination of its Dutch operations with a.s.r.
De Brauw advised AEGON, a leading multinational life insurance, pensions and asset management company, on the combination of its Dutch operations with a.s.r., a leading Dutch insurance group. The deal is valued at EUR 4.9 billion. In connection with the transaction, AEGON and a.s.r. have agreed certain arrangements regarding the provision of asset management services by AEGON for the enlarged a.s.r. group and AEGON's governance rights in a.s.r., including the right to nominate initially two members to the supervisory board with one such supervisory board member having an affirmative vote for certain resolutions, including dilutive transactions and material M&A.The deal signifies a transformative transaction for both AEGON and a.s.r., creating a champion in the Dutch pension, life, and non-life insurance markets.
22 October 2022Athora Netherlands to acquire WTW's PPI in the Netherlands
De Brauw is advising Athora Netherlands on the acquisition of WTW's premium pension institution (PPI) in the Netherlands. The parties announced on 18 October 2022 that they have agreed on Athora Netherlands' takeover of the PPI. The transaction is expected to close early 2023, subject to regulatory approvals and the consultation of employee representative bodies. After the closing of the transaction, the PPI will become an integrated part of Athora Netherlands' market leading Zwitserleven PPI. The combined scale and capability will provide the opportunity for greater innovation and enhanced services for clients and members.
“With a good knowledge base, the team is composed such that on any subject service can be delivered instantly. Integration of law, regulation, network and governance is a strength.”
Insights
26 January 2023
2022 – looking back on a European digital year
2020 marked the start of Europe's Digital Decade, an ambitious policy programme that sets the groundwork for having a complete digital transformation of Europe by 2030. When first announced by the Commission, the programme threatened to be yet another drawn-out project, destined to be mired in political debate and unlikely to have any real-world impact for the foreseeable future. But a mere two years into the project, a different story unfolds: the European Union has kicked one of the most significant reforms in Europe into high gear. With no fewer than 13 fast-tracked legislative proposals, it looks like the Digital Decade will be completed in half of the expected time.
21 December 20222022 Dutch Corporate Governance Code published
On 20 December 2022, the Monitoring Committee presented an update of the Dutch Corporate Governance Code. The 2022 Code:
28 October 2022Proposal for anti-money laundering action plan submitted to Dutch parliament
Draft anti-money laundering legislation has been submitted to the lower house in the Netherlands: (i) limiting cash handled by traders in goods to EUR 3,000, (ii) enabling banks to outsource transaction monitoring and (iii) requiring AML-regulated institutions to exchange client information in high-risk situations.
