Regulation through to Litigation

Regulation

We advise many of the largest internationally operating insurance groups and financial institutions based in the Netherlands on the application of the rules and regulations on the supervision of financial markets. Our clients trust us with significant mergers and acquisitions, regulatory capital-raising transactions, large outsourcing arrangements, global custody and securities lending, and investment management mandates. Clients also recognise our expertise when seeking advice on which complex supervisory rules they are subject to.

Litigation

We advise clients regarding policy wording, coverage advice and claims litigation. We are regularly asked to review clients’ entire (often global) insurance portfolios, and we handle many coverage disputes, generally representing large corporate insureds. We provide specialist advice on claims litigation, policy wording and coverage advice, and advise on a wide range of contentious insurance matters (to include D&O insurance, professional liability insurance, Bankers Blanket Bond and general and product liability insurance (GPL)).

Many of our lawyers have significant transactional experience, and are actively involved in regulatory developments, on both a national and European level. We frequently publish on these developments and often work with legislative and supervisory authorities in the Netherlands in consultative processes. De Brauw is currently part of the group of experts preparing for the implementation of the European Solvency II legislation (constituting a major overhaul of the regulation of the European insurance sector) in Dutch legislation. As our leading Litigation and Arbitration practice includes a strong Supreme Court litigation practice, other law firms often turn to us to handle their insurance matters before the Supreme Court.

Recent Matters

14 September 2021

Financial group Ennia Caribe sells Banco di Caribe N.V. to United as part of its restructuring

An important milestone in the financial restructuring of the largest financial group in the Dutch Caribbean, De Brauw advised Central Bank of Curaçao and Sint Maarten ("CBCS") and ENNIA as seller on the sale of Banco di Caribe ("BdC"). Each of the target (BdC), the seller (ENNIA) and United (purchaser) are institutions with systemic importance in the Netherlands Antilles. The sale was set up as a competitive, limited auction. The sale of BDC to United Group Holdings N.V. marks an important step in the financial restructuring of the ENNIA Group, which has been under emergency regulations since 2018, and CBCS's efforts to maximize value and reduce risk for ENNIA and its policyholders.
8 July 2021

NN to acquire majority stake in Dutch insurance broker Heinenoord

NN Group has agreed to buy a 70% stake in insurance broker and service provider Heinenoord for EUR 176 million. NN will also refinance Heinenoord's outstanding debt of EUR 129 million. Under an agreed option structure, NN could acquire the remaining 30% of shares within four years after the transaction's closing.
5 July 2021

NN Group to acquire MetLife's business activities in Poland and Greece

De Brauw is advising NN Group as lead counsel on this acquisition. NN Group is a Netherlands-based international financial services company active in 20 countries. NN and MetLife announced on 5 July 2021 that they had agreed on NN's takeover of MetLife's Polish and Greek insurance businesses for a total purchase price of EUR 584 million. The acquisition provides NN with the unique opportunity to create a strong platform for future growth in these attractive CEE markets, in which it is already active.

The "very thorough and hands-on" team is… very capable in adjusting to local circumstances, and its ability to do cross-border comparative law investigations is key."

Chambers Europe, 2021
Chambers Europe, 2021

Insights

16 April 2020

Dutch Pension Deal should distribute financial shocks fairly, but how?

The coronavirus pandemic causes human suffering, will lead to financial shocks and may hit pensions hard. The expectation is that those in work will be able to mitigate losses with future earnings, but pensioners do not have this opportunity. Two eminent economists in the Netherlands recently outlined a pension system that distributes shocks between the young and old. They propose attributing financial risks based on personal pension assets and objective market valuation. Pension funds divide the non-financial risks (life expectancy, expected future return and inflation) based on subjective estimates and defined ambition. This enables pension funds to distribute highs and lows, in the interest of social cohesion. Their blueprint can help the government and others who are currently engaged in working out the details of the new Pension Deal.
17 December 2019

UK election makes 31 January 2020 Brexit date inevitable

With a convincing Conservative majority win in the recent UK general election, Boris Johnson is expected to present his revised Brexit deal to parliament before Christmas. A new protocol in the revised deal replaces the controversial backstop arrangements in Theresa May's deal.
16 May 2019

Financial Markets in brief – new regulations and other developments

There have been many developments in national and European financial markets regulation during the past month. We provide a brief overview of these developments, which include the Council of the EU's vote on the EU banking reform package and, in the Netherlands, the adoption of a Dutch bill implementing the Prospectus Regulation and the rejection of a remuneration bill put forward by some members of parliament.