Financial Markets & Regulation

Kees GroffenDennis Horeman + 23 other experts

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

16 April 2024

De Brauw advises Rabobank on EUR 1 billion tender offer for Rabobank Certificates

De Brauw advises Rabobank on EUR 1 billion tender offer for Rabobank Certificates
14 April 2024

ENNIA gets big bail out - governments Curacao, St Maarten and Central Bank set up a new bailout fund

ENNIA, the largest insurance group in the Dutch Caribbean with insurance companies located in Curaçao, Sint Maarten, Aruba and Bonaire, and business in the other islands as well as Suriname, received a large bailout from the governments of Curacao, Sint Maarten and the Central Bank. ENNIA has been in severe financial difficulties due to mismanagement and fraudulent behaviour of its owner Parman International B.V., led by Iranian-American Hushang Ansary. De Brauw has successfully assisted the Central Bank of Curaçao and Sint Maarten (CBCS) in litigation proceedings against Ansary and former directors of ENNIA, which resulted in a number of positive judgements ordering Ansary and the former directors to repay ENNIA hundreds of millions of Netherlands Antillean guilders in damages. The group requires alternative funding solutions at least until those funds come in.
10 January 2024

De Brauw advises IMC on update of its corporate holding structure with new U.S. global parent company

On 21 December 2023, IMC announced the update of its corporate holding structure. The firm created a new U.S. holding company, known as IMC Global Holdings LLC, to become the global parent company for the IMC group of companies. IMC took this step to better position itself to achieve its strategic growth agenda. The new structure will enable IMC to operate on a more level playing field with its peers, who are mainly U.S. based, including from a legal, regulatory and regulatory capital requirements perspective.

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.

Legal 500, 2021

Insights

25 March 2024

EU Council approves amended version of Corporate Sustainability Due Diligence Directive

In recent weeks, it looked like the Corporate Sustainability Due Diligence Directive (CSDDD) would not get enough support in the Council, but on 15 March 2024, the necessary qualified majority was obtained. The core of the compromise agreement reached in December 2023 remains intact, meaning that companies falling within the CSDDD's scope will need to adhere to rules that foster sustainable and responsible corporate conduct and anchor human rights and environmental factors in corporate operations and governance. However, substantial concessions had to be made to secure the Council's approval, and the CSDDD is still subject to the final approval of the European Parliament.
12 March 2024

Banks should be alert to NGOs carrying out activities in vulnerable areas

On 6 March 2024, Pro Bono Connect, a clearing house for pro bono matters and one of our pro bono partners, held a special "Money Matters" meeting for NGOs as these organisations often encounter difficulties when opening bank accounts and face certain bank payment issues. The meeting focused on NGOs which provide assistance to those in need, including in high-risk areas and conflict zones. De Brauw participated in the meeting by providing an overview of anti-money laundering (AML) and sanctions regulations, and discussing some issues relating to the opening of a new bank account and flow of funds. Good governance of NGOs was also addressed.
27 February 2024

2024: a pivotal year for climate transition plans

To date, within the EU, the adoption of a climate transition plan and the setting of greenhouse gas emission reduction targets have largely been a voluntary affair, albeit one aided by a range of public and private sector initiatives to encourage the practice. In 2024, this may change.