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
2 May 2022
Achmea acquires ABN AMRO premium pension institution ("PPI")
De Brauw has advised Achmea on its takeover of ABN AMRO Pensioeninstelling NV. This transaction gives Achmea an entrance into the Premium Pension Institution (PPI) market and enables the business to respond to the opportunities offered by the Pension Agreement.
6 January 2022De Brauw advises LeasePlan on its combination with ALD
De Brauw advises LeasePlan on its combination with ALDDe Brauw is advising LeasePlan on the acquisition by ALD S.A. of 100% of the shares in LeasePlan from a consortium led by TDR Capital for a cash and shares consideration of EUR 4.9 billion. After closing, which is expected by March 2023, the consortium will hold 30.75% of the ALD shares and Société Générale will hold 53% of the ALD shares.The contemplated combination of ALD and LeasePlan is expected to be highly synergetic and create an opportunity to cross-leverage the two companies’ complementary capabilities. As a leading global player in mobility worldwide, the combined business would be able to benefit from a fast-growing market driven by strong underlying megatrends, including the shift from ownership to usership, the data-driven digital transformation of the mobility industry, and the transition towards zero-emission and sustainable mobility.The De Brauw team is led by Corporate M&A partner Pete Lawley and Financial Markets Regulation partner Mariken van Loopik.
6 December 2021CSC and Intertrust agree on all-cash EUR 1.8 billion public offer for Intertrust
INTERTRUST AND CSC AGREE ON RECOMMENDED
ALL-CASH OFFER OF EUR 20.00 PER SHARE
“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 July 2022
New remuneration rules for financial enterprises in the Netherlands
On 1 January 2023, the Financial Markets Supervision Act will change, introducing a new scheme on remuneration at financial enterprises (such as banks and insurers). The new scheme includes a five-year statutory retention period for shares and other financial instruments that managing directors or employees receive as part of their fixed pay. In their remuneration policies, financial enterprises will also have to account for the relationship between the remuneration of their directors and employees and their social function. The new legislation includes a transitional regime. We describe the key features of the new law below.
15 July 2022EBA - new compliance management guidelines for credit and financial institutions
The European Banking Authority (EBA) has published new guidelines on compliance management policies and procedures. The guidelines are set to affect the roles and responsibilities of management bodies, the AML/CFT compliance officer, and the organisation of the compliance function at group level. Credit or financial institutions must implement these into their policies and procedures per 1 December 2022. The new guidelines will complement guidelines issued by the European Supervisory Authorities (ESA) on wider governance arrangements and suitability checks.
2 May 2022Trusts and funds for joint account must identify ultimate beneficial owners
Legislation introducing UBO identification requirements for trusts and funds for joint account (fondsen voor gemene rekening) will enter into force. The Implementation Decree has been published with an implementation date to follow. A UBO register kept by the Chamber of Commerce in the Netherlands is expected to become operational later this year.
