Financial Markets & Regulation

Mariken van Loopik
Kees Groffen
Dennis Horeman
+ 27 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

20 May 2021

Novo Nordisk sets up EUR 5 billion EMTN programme

De Brauw advised Novo Nordisk on the establishment of its and its wholly-owned subsidiary Novo Nordisk Finance (Netherlands) B.V.'s EUR 5 billion EMTN programme. The EMTN programme provides a framework for issuance of senior unsecured notes up to an aggregated principal amount of EUR 5 billion.
13 January 2021

PME sells interest in PVF Zakelijk Hypothekenfonds to RNHB B.V.

De Brauw has advised on the sale of the EUR 900 million mortgage loan portfolio of PVF Zakelijke Hypotheekfonds.
12 June 2020

Just Eat Takeaway.com to combine with Grubhub

De Brauw Blackstone Westbroek, working as a combined team with Cravath, Swaine & Moore LLP and Slaughter and May, is advising Just Eat Takeaway.com on its announced USD 7.3 billion all-stock acquisition of Grubhub Inc., which would create the world’s largest online food delivery company outside of China. The combined group will be built around four of the world’s largest profit pools in online food delivery: the US, the UK, the Netherlands and Germany, increasing the Combined Group’s ability to deploy capital and resources to strengthen its competitive positions in all its markets. Just Eat Takeaway.com is listed on Euronext Amsterdam and the Main Market of the London Stock Exchange and will introduce an ADR listing in the US. As adviser to Just Eat Takeaway.com, the intricacies of this transaction required a multi-expertise approach whereby experts from various practices including M&A, corporate advisory, capital markets, competition law, employment and employment benefits, tax and financial regulatory were involved. Team effort by: Klaas de Vries, Reinier Kleipool, Tijmen Klein Bronsvoort, Gert Slatman, Max Lamb, Gaby Smeenk, Jan Willem Hoevers, Vivian Lee, Josse Klijnsma, Helen Gornall, Evija Butane, Barbara Kloppert, Daniël van Gerven, Henk van Ravenhorst, Vera Gal, Mariken van Loopik, Maurits ter Haar and Bas Boutellier

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
Legal 500, 2021

Insights

17 February 2021

Signed charter needed for foreign in-house counsel to have legal privilege

Can in-house counsel admitted to a non-Dutch bar invoke legal privilege in the Netherlands? The Rotterdam District Court has ruled that these "foreign in-house counsel'' can – if they have that right under the jurisdiction where they work. In addition, if they work in the Netherlands, they must also meet specific criteria set by the Netherlands Bar. According to the court, foreign in-house counsel practising in the Netherlands should be treated the same as Dutch in-house counsel. The latter are required to sign a professional charter – a document that guarantees their independence and is signed by both employer and in-house counsel – in order to invoke legal privilege. Although the ruling is not final, it is important to consider its implications. To err on the side of caution, we recommend that clients who employ foreign in-house counsel make sure that their charters are in order and signed and record that the standards required by this charter have thus far been upheld.
16 September 2020

Focus on sustainability – looking at 2020 so far

Sustainability interests and environmental, social and governance (ESG) factors have become mainstream and are an increasing area of attention for companies. Recent developments, in particular the COVID-19 pandemic and the rise of the BLM movement, cast more light on corporate resilience, purpose and responsibility and on companies' impact on their stakeholders, the wider society and the environment. So how will corporates and financial institutions navigate the many policy areas, dilemmas and views that relate to sustainability? And how should boards view their ESG duties and responsibilities in the context of recent developments? In this article, we discuss some of the most eye-catching legislative sustainability developments in the first half of 2020. We look at the 2020 AGM season, Dutch and European legislation, and the current focus of financial supervisory authorities on sustainability risks.
10 July 2020

Dutch Supreme Court: credit claims can be assigned and securitisation vehicle has duty of care

The Supreme Court decided on 10 July 2020 that banks can validly assign credit claims to non-banks, also if the underlying loans are non-performing or have been terminated. It also decided that if the assignee is not a bank, it can be required to observe the same duty of care towards debtors as would apply to a bank under the given circumstances. As such, the Supreme Court's decision not only confirms existing practice, but also provides guidance for future securitisations of Dutch loans.