Index
Financial regulatory law
Privacy Services & Data Protection
Financial regulatory law
Financial regulatory law lays down rules for varying types of financial institutions. These rules stretch across the life cycle of financial institutions. They regulate the entry into the financial markets, the operations, the financial management, the product development, the conduct and the culture, and the voluntary or involuntary winding-up of these institutions or their product portfolios. Partners in the chain, such as IT companies, are increasingly affected by these rules.
Requirements
When it comes to starting a business in the financial sector, there is a lot to consider. It is important to check whether your organisation requires a license to operate. For some activities it is more obvious that a license is required, for example providing loans to consumers or the (collective) investment of consumers’ funds. For other activities – for example providing business loans, certain payment solutions, issuing of gift cards or leasing activities – it is not immediately clear if a license is required. This requires a professional opinion of a financial regulatory law specialist.
When a license is required it is important to also gain an understanding of the requirements your organisation is expected to fulfil to maintain its license. Once it’s been granted in order to prevent regulators from taking enforcement action against your business and its executives. You will also have to make allowance for the relevant statutory provisions if you decide to wind up, sell your business, its operations or if you acquire an equity stake in a financial institution. The rules and regulations have a profound impact on the mechanics of your business and are subject to continuous change.
The financial regulatory laws also impose requirements for raising funds by issuers of shares or bonds (both listed and unlisted) and other financial and non-financial institutions involved in the money and capital markets (through derivative transactions).
Professional support
Non-compliance with financial regulatory laws can have major implications, not just financially, but also in terms of your reputation. That is why financial regulatory law issues require professional support from experts and experienced lawyers. Our long-standing experience in and with the financial sector, legislatures and regulators allows us to translate the tight regulatory framework into practical and proactive advisory services. We can help you by providing useful input and offer pragmatic solutions. Some of our key focus areas are:
Determine whether activities require a license
Our team can help you determine whether your organisation requires a license, or whether exceptions, exemptions or dispensations apply.
License applications
Our team can guide you through the process of and assist you with applying for a license or a dispensation. We can also assist you with related matters such as a declaration of no-objection or the integrity and suitability screening of daily policymakers and co-policymakers. In addition, we can advise on applicable continuous requirements and how to comply with them. Also, we can advise on averting imminent enforcement action by regulators.
Implementation of legislation
Our team can help you with the implementation of upcoming legislation in policy documents, contracts and agreements, websites and other documentation, such as anti-money laundering legislation such as anti-money laundering legislation, sanction law and the sustainability legislation SFDR. We can also provide presentations and training regarding new and existing rules and regulations.
Drafting of documentation
Our team can help you with the drafting of internal documentation (such as policy documents, work instructions, code of conducts), documentation with counterparties (such as product conditions, contracts and agreements) and investor documentation (prospectus and other offering documentation).
Mergers, acquisitions and carve-outs
Our team can advise on rules governing mergers, acquisitions and carve-outs. We can also perform a due diligence review (for buyers and sellers) and draft relevant clauses in a share purchase agreement.
More information
Iwan van Munster
Equity Partner Tax & Legal
E iwan.van.munster@bdo.nl
T +31 (0)30 284 98 70
Marieke Heltzel
Senior Manager Financial Regulatory
T +31 (0)30 633 63 37
More information
Iwan van Munster
Equity Partner Tax & Legal
E iwan.van.munster@bdo.nl
T +31 (0)30 284 98 70
Marieke Heltzel
Senior Manager Financial Regulatory
T +31 (0)30 633 63 37
Determine whether activities require a license
Our team can help you determine whether your organisation requires a license, or whether exceptions, exemptions or dispensations apply.
License applications
Our team can guide you through the process of and assist you with applying for a license or a dispensation. We can also assist you with related matters such as a declaration of no-objection or the integrity and suitability screening of daily policymakers and co-policymakers. In addition, we can advise on applicable continuous requirements and how to comply with them. Also, we can advise on averting imminent enforcement action by regulators.
Implementation of legislation
Our team can help you with the implementation of upcoming legislation in policy documents, contracts and agreements, websites and other documentation, such as anti-money laundering legislation such as anti-money laundering legislation, sanction law and the sustainability legislation SFDR. We can also provide presentations and training regarding new and existing rules and regulations.
Drafting of documentation
Our team can help you with the drafting of internal documentation (such as policy documents, work instructions, code of conducts), documentation with counterparties (such as product conditions, contracts and agreements) and investor documentation (prospectus and other offering documentation).
Mergers, acquisitions and carve-outs
Our team can advise on rules governing mergers, acquisitions and carve-outs. We can also perform a due diligence review (for buyers and sellers) and draft relevant clauses in a share purchase agreement.
Professional support
Non-compliance with financial regulatory laws can have major implications, not just financially, but also in terms of your reputation. That’s why financial regulatory law issues call for professional support from experts and experienced lawyers. Our long-standing experience in and with the financial sector, legislatures and regulators allows us to translate the tight regulatory framework into practical and proactive advisory services. We can help you by providing useful input and offer pragmatic solutions. Some of our key focus areas are:
Financial regulatory law
Index
Privacy Services & Data Protection
Requirements
When it comes to starting a business in the financial sector, there is a lot to consider. It is important to check whether your organisation requires a license to operate. For some activities it is more obvious that a license is required, for example providing loans to consumers or the (collective) investment of consumers’ funds. For other activities – for example providing business loans, certain payment solutions, issuing of gift cards or leasing activities – it is not immediately clear if a license is required. This requires a professional opinion of a financial regulatory law specialist.
When a license is required it is important to also gain an understanding of the requirements your organisation is expected to fulfil to maintain its license. Once it’s been granted in order to prevent regulators from taking enforcement action against your business and its executives. You will also have to make allowance for the relevant statutory provisions if you decide to wind up, sell your business, its operations or if you acquire an equity stake in a financial institution. The rules and regulations have a profound impact on the mechanics of your business and are subject to continuous change.
The financial regulatory laws also impose requirements for raising funds by issuers of shares or bonds (both listed and unlisted) and other financial and non-financial institutions involved in the money and capital markets (through derivative transactions).
Financial regulatory law lays down rules for varying types of financial institutions. These rules stretch across the life cycle of financial institutions. They regulate the entry into the financial markets, the operations, the financial management, the product development, the conduct and the culture, and the voluntary or involuntary winding-up of these institutions or their product portfolios. Partners in the chain, such as IT companies, are increasingly affected by these rules.
Financial regulatory law