{"id":129708,"date":"2026-03-10T14:08:41","date_gmt":"2026-03-10T14:08:41","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=129708"},"modified":"2026-03-12T08:29:21","modified_gmt":"2026-03-12T08:29:21","slug":"netherlands-banking-finance","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/netherlands-banking-finance\/","title":{"rendered":"Netherlands: Banking &amp; Finance"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-129708","comparative_guide","type-comparative_guide","status-publish","hentry","guides-banking-finance","jurisdictions-netherlands"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Linklaters<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2018\/11\/linklaters-logo.png\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Linklaters<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2018\/11\/linklaters-logo.png\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Banking &amp; Finance laws and regulations applicable in Netherlands<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the national authorities for banking regulation, supervision and resolution in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In the Netherlands, the main authorities for banking regulation and supervision are, the European Central Bank (\u201cECB\u201d), the Single Resolution Board (\u201cSRB\u201d), the Dutch Central Bank (\u201cDNB\u201d) and the Dutch Authority for the Financial Markets (\u201cAFM&#8221;).<\/p>\n<p>The ECB and DNB are responsible for prudential supervision of banks, which focusses on the solidity of individual banks and the stability of the financial system. The division of tasks is based on the Single Supervisory Mechanism Regulation (EU) No. 1024\/2013 (\u201cSSM\u201d). The ECB is responsible for carrying out common procedures for all banks such as granting and revoking bank licenses and assessing acquisitions of material holdings (\u2018qualified holdings\u2019) in banks. The ECB carries out ongoing prudential supervision on significant banks. DNB is responsible for the supervision of other banks under the oversight by the ECB.<\/p>\n<p>The SRB and DNB are responsible for carrying out powers relating to the resolution of banks and resolution planning. The division of tasks is based on the Single Resolution Mechanism Regulation (EU) No. 806\/2014 (\u201cSRM\u201d).<\/p>\n<p>The AFM is responsible for conduct supervision (gedragstoezicht) on the Dutch financial markets. For banks, conduct supervision by the AFM is primarily focused on compliance with applicable conduct rules in offering regulated financial products and services.<\/p>\n<p>The DNB is responsible for integrity supervision (integriteitstoezicht) on Dutch banks, which includes supervision of compliance by Dutch banks with anti-money laundering obligations.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Which type of activities trigger the requirement of a banking license?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>3 Under Dutch law, a banking license is required for any undertaking that meets the definition of a credit institution pursuant to the Capital Requirements Regulation (EU) No. 575\/2013 (\u201cCRR\u201d). In short, a banking license is required for undertakings whose business consists of (i) taking deposits or other repayable funds from the public, and (ii) granting credit for its own account. The ECB will assess whether the applicant has sufficiently developed both activities. The ECB and DNB have published guidance on the notions of deposits and other repayable funds, the public, and granting credit for its own account. Dutch law provides for an exemption to the banking license requirement for group undertakings who take deposits or other repayable funds in order to finance other entities in their group. Also, branches of other EEA-banks can operate in the Netherlands without a separate banking license, provided that they have completed the notification procedure for such branches.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does your regulatory regime know different licenses for different banking services?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Dutch financial regulation provides for specific license regimes for different banking services, including:<\/p>\n<ul>\n<li>providing payment services or issuing electronic money is subject to a payment institution license or an electronic money institution license, as applicable, by the DNB;<\/li>\n<li>providing credit to consumers is subject to a credit provider license by the AFM;<\/li>\n<li>servicing non-performing credit agreements is subject to a license by the AFM;<\/li>\n<li>carrying out the business of a credit union is subject to a license by the DNB.<\/li>\n<\/ul>\n<p>Provided that an undertaking does not take repayable funds and is not subject to specific loan origination regimes (e.g. AIFMD), providing credit to non-consumers does not require a license in the Netherlands.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does a banking license automatically permit certain other activities, e.g., broker dealer activities, payment services, issuance of e-money?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under Dutch financial regulation, a banking license permits undertakings to carry out certain other activities than taking deposits or other repayable funds and granting credit for own account. In particular, the banking licence permits carrying out the activities referred to in Annex I of the Capital Requirements Directive 2013\/36\/EU (\u201cCRD\u201d), unless the license expressly provides otherwise. Such activities include certain other regulated services, including payment services, issuing electronic money, crypto-asset services, and investment services. If banks change their activities, such changes may be subject to a notification procedure or an application for a licence expansion.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is there a \"sandbox\" or \"license light\" for specific activities?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Dutch law does not provide for a \u2018sandbox\u2019 regime for banking activities.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What regulatory restrictions or authorisation requirements apply to banks engaging in the issuance, custody or provision of services relating to cryptoassets or other digital assets?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In the Netherlands, the regulation of services in relation to crypto-assets \u2013 insofar as they do not qualify as financial instruments \u2013and the issuance of asset-referenced tokens (\u201cARTs\u201d), electronic money tokens (\u201cEMTs\u201d) and other crypto-assets is primarily governed by Regulation 2023\/1114 (the Markets in Crypto-Assets Regulation, or \u201cMiCAR\u201d).<\/p>\n<p>An EU licensed bank may provide crypto-asset services, without having to apply for a license as a crypto asset service provider, after it has notified the home state supervisor of its intention to provide such services. The AFM is the relevant home state supervisor in the Netherlands regarding the provision of crypto-asset services.<\/p>\n<p>A bank may issue crypto-assets other than ARTs or EMTs after it has notified its crypto-asset white paper to the competent supervisor in its home state and it has published the crypto-asset white paper and its marketing communications on its website. The AFM is the relevant home state supervisor in the Netherlands for the notification of crypto-asset white papers in respect of crypto-assets other than ARTs or EMTs.<\/p>\n<p>For the issuance of ARTs, an EU licensed bank is required to draw up a crypto-asset white paper and submit this for approval to the relevant competent supervisor in its home country. For the Netherlands DNB is the relevant supervisor. At least 90 working days before issuing the ARTs, the bank must then notify the supervisor and provide information including a legal opinion confirming that the ART does not qualify as an EMT or a crypto-asset that is outside the scope of MiCAR.<\/p>\n<p>EU licensed banks must notify a crypto-asset white paper for the issuance of EMTs to the relevant home state competent authority and must notify that authority of their intention to issue EMTs at least 40 working days before the intended offer date. In the Netherlands, DNB is the competent authority in respect of EMT issues.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can cryptoassets or digital assets constitute \"deposits\" or equivalent protected funds under applicable law, and are they capable of benefiting from depositor protection, client asset safeguarding or segregation regimes?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>According to DNB, a deposit is money held at a bank, such as in a current or savings account. DNB has confirmed that crypto-assets are not considered money held at a bank and therefore do not qualify as deposits and are, therefore not guaranteed by the Dutch Deposit Guarantee Scheme (\u201cDGS\u201d).If crypto assets qualify as financial instruments, the client asset safeguarding or segregation that generally apply to investment firms and banks providing investment services also apply to such crypto-assets.<\/p>\n<p>Under MiCAR crypto-asset service providers, including banks, that hold crypto-assets belonging to clients or the means of access to such crypto-assets are required to make adequate arrangements to safeguard the ownership rights of clients, especially in the event of the crypto-asset service provider\u2019s insolvency, and to prevent the use of clients\u2019 crypto-assets for their own account.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">If cryptoassets are held by the licensed entity, what are the related capital requirements (risk weights, etc.)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Until a dedicated prudential framework for crypto-asset exposures enters into effect banks and investment firms in scope of the CRR are required to calculate their own funds requirements for crypto-asset exposures in accordance with the transitional provisions in CRR. According to these provisions, crypto-asset exposures to tokenized traditional assets must be treated as exposures to the traditional assets that they represent (unless their values depend on any other crypto-asset) and exposures to MICAR compliant ARTs that reference one or more traditional assets must be assigned a risk weight of 250%, whereas other crypto-asset exposures must be assigned a risk weight of 1250%.<\/p>\n<p>On 5 August 2025, the European Banking Authority (\u201cEBA\u201d) published the final report on the Draft Regulatory Technical Standards specifying the technical elements necessary for institutions to calculate and aggregate crypto-asset exposures in relation to the prudential treatment of such exposures. The European Commission (\u201cEC\u201d) still has to adopt this final report.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the general application process for bank licenses and what is the average timing?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The European Central Bank (\u201cECB\u201d) is the supervisory authority exclusively responsible for granting banking licences (both significant and non-significant) in the Netherlands. DNB receives licensing applications and conducts preliminary assessments in cooperation with the ECB.<\/p>\n<p>The application process entails the preparation of an application file comprising requisite documents and information relating to the company, its organisational structure, shareholding composition, and proposed management. A significant portion of the application is devoted to prudential requirements and the manner in which the company intends to satisfy regulatory obligations, including capital adequacy, balance sheet requirements, programme of operations, and the technical, human and financial resources to be committed to the activity. As part of the application process, various staff members will also be subject to a fit and proper assessment by the ECB.<\/p>\n<p>The process of applying for a banking-license has two phases: the pre-application phase and the application phase. In the pre-application phase, the application file is prepared in interaction with DNB\/ECB. This phase could take at least several months. Furthermore, the application phase is used to assess the submitted information from the applicant and to, if necessary, request further information. This phase could take up a maximum of one year.<\/p>\n<p>The statutory consideration period for an application to be authorised as a bank is 26 weeks. The consideration period will not start until DNB has received the formal application for a licence and DNB deems the application to be complete. DNB has a certain amount of discretion as to when an application is deemed to be complete. The consideration period is suspended if DNB or the ECB requests additional information or raises additional questions.<\/p>\n<p>In parallel to the license application process, parties with qualifying holdings will need to obtain the necessary \u201cdeclaration of no-objection\u201d (\u201cDNO\u201d) documents from the ECB.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">To what extent may foreign or overseas banks conduct cross-border banking activities into the jurisdiction without establishing a local presence or obtaining local authorisation, and what limitations or conditions apply?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In principle, Dutch law prohibits carrying out the business of a bank ixn the Netherlands without holding a Dutch banking licence (see also questions 2 to 4).<\/p>\n<p>Banks incorporated and licensed in other EU\/EEA Member States are exempt from this requirement and may conduct banking activities for which they are authorised on a cross-border basis into the Netherlands if theyhave completed the notification procedure for obtaining a so-called European cross-border passport. To provide cross-border services with its home state national competent authority (\u201cNCA\u201d).<\/p>\n<p>Directive (EU) 2024\/1619 (\u201cCRD VI\u201d) introduces new requirements for third country banks. Third country banks that wish to provide lending, also to non-consumers, or guarantee services, while qualifying as a credit institution, or deposit taking services to clients in the Netherlands`, will need to establish a branch in the Netherlands and become authorised. Whereas the Dutch laws implementing CRD VI were due to apply as of 11 January 2026, the legislative process has been delayed. The laws are currently expected to become applicable in the spring of 2026.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What legal forms are permitted to operate banks in the jurisdiction (e.g. public company, private company, subsidiary or branch), and what are the key regulatory considerations associated with each structure?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In the Netherlands there is no requirement to have a specific legal form in order to operate as a bank. However, a large part of the credit institutions with a banking license has the Naamloze Vennootschap (\u201cNV\u201d) or the Besloten Vennootschap (\u201cBV\u201d) as legal form. In the Netherlands also banks with a cooperative governance structure, cooperatie, are active as a bank. Such type of banks could face special conditions, for example, regarding their capital structure.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does the jurisdiction impose any structural separation or ring-fencing requirements on banks or banking groups, and what practical challenges do these create for group structures and operations?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are no specific structural separation or ring-fencing requirements for banks or banking groups in the Netherlands.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What governance, risk management and internal control requirements apply to banks, including expectations regarding board composition, management oversight, committee structures and organisational culture?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Dutch law requires that the management board of a bank in the Netherlands consists of at least two natural persons who are responsible for the day-to-day management of the bank. Banks are subject to the requirements in CRD and CRR on safe and sound management of banks as specified in regulatory products of the EBA or supervisory expectations of the ECB. These requirements and expectations cover, among other things, corporate governance, board composition, board responsibilities, board committees, organizational structure, risk and corporate culture, risk management, and internal control framework. The applicability of such standards may vary based on the size, activities, or risk profile of specific banks.<\/p>\n<p>In addition to these governance, risk management, and internal control requirements, banks in the Netherlands must comply with a number of specific national requirements:<\/p>\n<ul>\n<li>Banks must have adequate integrity risk policies.<\/li>\n<li>Banks must have a supervisory board if they are a public limited company (naamloze vennootschap) or a private limited liability company (besloten vennootschap).<\/li>\n<li>Banks are expected to comply with specific DNB expectations on the independence in mind, independence in appearance, and formal independence of the supervisory board. The guidance specifies circumstances in which DNB deems it necessary that at least 50% of the members of the supervisory board of a bank are formally independent, including when the parent company of a bank has its seat outside the EU\/EEA.<\/li>\n<li>Banks must ensure that certain staff in the Netherlands take an oath to adhere to ethical standards and are subject to professional disciplinary laws (tuchtrecht)<\/li>\n<\/ul>\n<p>Members of the management board, the supervisory board, as well as specific bank employees are subject to fit and proper requirements and fit and proper assessments by the ECB or DNB.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What operational resilience requirements apply to banks, including expectations relating to critical or important business services, impact tolerances, and the management of operational disruptions?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Dutch banks must comply with the requirements of the Digital Operational Resilience Act (EU) No. 2022\/2554 (\u201cDORA\u201d). DORA aims to regulate ICT risk management, ICT systems and penetration testing thereof, and third-party risk. During suitability assessments of senior level functions of banks, DNB assesses whether those natural persons have the required knowledge and skills regarding, for example, strategy and policy planning related to ICT risk management.<\/p>\n<p>Finally, the General Data Protection Regulation (EU) No. 2023\/2854 (\u201cGDPR\u201d) is applicable to banks in the Netherlands. The GDPR requires that banks do not use the personal data of their clients for other purposes than the purposes which were used to collect the data. Banks must have systems in place to make sure that the personal data is not saved unnecessarily and not kept without a justifiable reason.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What regulatory expectations apply to banks\u2019 outsourcing arrangements, including the use of cloud service providers and reliance on critical third-party service providers?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Banks are subject to regulatory requirements regarding their outsourcing arrangements based on the FSA, CRD, and applicable EBA guidance. Such requirements relate, amongst other things, to managing third party risks in general, the governance framework for the outsourcing functions and the monitoring of outsourced functions, due diligence of outsourcing providers, and the contents outsourcing agreements. Additional regulatory requirements apply to the outsourcing of critical or important functions. Based on DORA, banks are also subject to specific outsourcing requirements for ICT services, including the use of cloud service providers.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How do environmental, social and governance (ESG) and climate-related regulatory requirements affect banks, including governance, risk management, disclosures and prudential supervision?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Banks in the Netherlands are subject to various ESG and climate-related prudential requirements. CRD requires banks to manage all their material risks, including ESG and climate-related financial risks. These general risk management requirements have been specified by the ECB and DNB in guidance, which banks are expected to follow. Based on CRR, banks are also be subject to ESG and climate-related Pillar III disclosure requirements. CRD 6 and CRR iii have introduced a number of provisions to strengthen the prudential framework for managing ESG and climate-related risks, including (i) requirements for banks to manage ESG risks in the short, medium and long term, including by using scenario analysis, and develop prudential transition plans, and (ii) additional supervisory powers. These requirements have been specified in detail in EBA guidelines.<\/p>\n<p>Banks are also affected by other ESG and climate-related regulatory requirements, in particular transparency requirements under the Corporate Sustainability Reporting Directive (EU) 2022\/2464 and the Sustainable Finance Disclosure Regulation (EU) 2019\/2088.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What regulatory restrictions or requirements apply to banks' remuneration policies, including bonus caps, deferral, malus and clawback, and how are these enforced in practice?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Following the global financial crisis, the Netherlands has adopted renumeration requirements for the financial sector, and banks in particular, which are stricter than the harmonized renumeration requirements in CRD. The FSA requires that banks in the Netherlands may grant their employees (e.g. (non-)executives, senior managers and identified staff) no more than a maximum amount of 20% of their annual fixed salary as a variable remuneration. In case of a takeover or merger, a higher variable remuneration for a key employee could be allowed when specific conditions are met. Furthermore, the ECB and DNB apply the EBA Guidelines on sound renumeration policies.<\/p>\n<p>In practice, banks in the Netherlands may experience challenges in attracting and keeping talent because of the strict remuneration requirements. Banks must be aware that there has been, and still is, a particularly negative sentiment in the Netherlands around excessive remuneration in the financial sector. Remuneration linked incidents in the financial sector may trigger regulatory enforcement, news coverage, and political scrutiny.<\/p>\n<p>We note that, currently, a parliamentary debate is pending on adopting less strict remuneration requirements for the financial sector in the Netherlands.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Has your jurisdiction implemented the Basel III framework with respect to regulatory capital? Are there any major deviations, e.g., with respect to certain categories of banks?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Basel III framework is implemented in the Netherlands via the CRR and CRD. The CRR and CRD framework consists of qualitative requirements of capital items and instruments that are eligible to cover regulatory capital requirements (CET 1, AT1, and T2 capital), minimum capital requirements, including requirements on the calculation of risk weighted assets for such purposes (Pillar 1), additional bank-specific requirements set by the ECB or DNB, as applicable, (Pillar 2 requirement), and buffer requirements \u2013 as applicable, a capital conservation buffer, countercyclical capital buffer, buffers for globally or other systemically relevant banks, and a systemic risk buffer. CRD also permits the ECB or DNB to set additional bank-specific capital guidance referred to as Pillar 2 Guidance.<\/p>\n<p>Based on CRR and CRD, DNB has powers to set specific capital buffer requirements. First, DNB sets a countercyclical buffer requirement which is intended to increase banks\u2019 resilience when cyclical risks build up and to release the buffer once risks materialize. Currently, DNB has set the countercyclical buffer at 2%. Secondly, DNB determines the level of the buffer requirement for other systemically important institutions (the O-SII buffer) under the CRD.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any requirements with respect to the leverage ratio?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Banks in the Netherlands have to apply CRR which have provisions regarding the leverage ratio. Those provisions require a specific calculation for the leverage ratio. Under the CRR the leverage ratio is determined at 3%. The ECB may also, on top of this requirement, decide to impose a bank specific additional Pillar 2 requirement with respect to the leverage ratio. Furthermore, above the already described types of leverage ratios, globally systemically important institutions (G-SII) are subject to an extra leverage ratio buffer of 50% of the bank specific G-SII buffer.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What liquidity requirements apply? Has your jurisdiction implemented the Basel III liquidity requirements, including regarding LCR and NSFR?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Basel III liquidity requirements, including regarding LCR and NSFR, are implemented for banks in the Netherlands via the CRR. as part of the Supervisory Review and Evaluation Process (\u201cSREP\u201d), the ECB may impose additional liquidity requirements.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Which different sources of funding exist in your jurisdiction for banks from the national bank or central bank?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>As part of the Eurosystem, DNB could offer banks the following types of funding: (i) reserve requirements, (ii) open market operations and (iii) permanent facilities. These types of funding ensure that the short-term market interest rate equals the central bank policy interest rate with respect to price stability.<\/p>\n<p>(i) require banks to hold a minimum amount of cash at the central bank to cover the shortage of liquidity in the Eurosystem;<\/p>\n<p>(ii) fund banks in their liquidity demand based on collateral.<\/p>\n<p>(iii) Banks could on their own initiative make use of these facilities in order to cover the liquidity needs. The term of these facilities are very short.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Do banks have to publish their financial statements? Is there interim reporting and, if so, in which intervals?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under Dutch law banks are required to publish their financial statements on an annual basis. During the financial year, each half year listed banks should update the market regarding their financial information.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does consolidated supervision of a bank exist in your jurisdiction? If so, what are the consequences?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Dutch law provides for consolidated supervision on banks. The Netherlands has implemented the mechanism of CRD for determining which supervisory authority should be designated as the consolidating supervisor and is responsible for consolidated supervision.<\/p>\n<p>Generally, CRR and CRD requirements apply on an individual basis and on a consolidated basis. Consolidated supervision takes place at the level of entities that qualify as parent institutions in EU member states. In some cases, supervisory authorities may require application of requirements at the level of sub-groups of banks. CRR and CRD also contain different provisions to determine the entities which must be included in the scope of consolidation. Additional group level requirements apply where banks are part of financial conglomerates as referred to in the Financial Conglomerate Directive (FICO) 2002\/87\/EC.<\/p>\n<p>CRD V (Directive (EU) 2019\/878) introduced specific authorization requirements at financial holdings regarding compliance with the prudential framework.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What reporting and\/or approval requirements apply to the acquisition of shareholdings in, or control of, banks?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>An proposed acquirer must have approval, a declaration of no-objection (\u2018DNO\u2019) of DNB\/ECB when the stake in a bank qualifies as a qualified holding. The requirement of a qualified holding is met when the stake is at least 10% of the outstanding shares or voting rights of the bank, or when the total stake exceeds specific thresholds. As part of the approval process, the acquisition will be assessed on reputation of the acquirer, suitability of the proposed managers, financial solidity of the acquirer, the impact of the acquisition on the bank and the potential financial crime risks. The ECB could also impose conditions on the acquisition.<\/p>\n<p>According to draft RTS of EBA, the proposed acquirer should also include information in the notification which entails, for example, whether the acquiree still meets the prudential requirements after the acquisition.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does your regulatory regime impose conditions for eligible owners of banks (e.g., with respect to major participations)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>DNB assess, as part of the DNO, the proposed managers of the acquirer based on the fit and proper rules regarding suitability.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there specific restrictions on foreign shareholdings in banks?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Foreign acquirers of a qualified holding in a bank must follow the same procedure as non-foreign acquirers.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is there a special regime for domestic and\/or globally systemically important banks?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>29 G-SIIs and O-SIIs face a special buffer requirement. To know which banks qualify as O-SIIs, DNB uses EBA Guidelines and its own methodology to confirm whether a bank qualifies as such. However, whether a bank qualifies as G-SIIs the methodology is determined by the Bazels Comit\u00e9 on banking supervision and the Financial Stability Board (\u2018FSB\u2019) on an annual basis. In order to come up with a buffer requirement, DNB uses the EBA guidelines to calculate the specific buffer. For G-SIIs, the highest of the two buffer requirements apply. No matter what the O-SII buffer, the G-SII buffer stills apply regarding the leverage ratio. The buffer requirement is applicable on the consolidated level.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the sanctions the regulator(s) can order in the case of a violation of banking regulations?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The ECB and DNB, as applicable, may impose various sanctions on banks in case of a violation of banking regulations, including significant fines, periodic penalty payments, orders to follow a specific course of action, and\/or public warnings about certain conduct by banks. Also, some sanctions, such as fines, will normally be published by DNB.<\/p>\n<p>In 2025, there have been two examples in which DNB imposed and published significant fines on banks for non-compliance with national prudential requirements following an instruction of the ECB, in accordance with the SSM Regulation, to seek appropriate sanctions.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How active are banking regulators in enforcement against banks and senior individuals, and what recent trends can be observed in supervisory or enforcement action?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>DNB is an active supervisor. DNB publishes many decisions on their website regarding sanctions to banks and other institutions when those firms fail to meet prudential requirements. Sometimes DNB impose sanctions on natural persons, but this is not that often, However, CRD 6 introduced (and the EBA Guidelines) new obligations for senior managers (e.g. individual accountability), so DNB could has more legal grounds to impose sanctions to natural persons.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are client\u2019s assets and cash deposits protected?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under Dutch law deposits and savings at banks in the Netherlands are protected via the Dutch Deposit Guarantee Scheme (\u2018DGS\u2019). The deposits and savings are protected up to the first EUR 100.000 per accountholder per bank. Deposists and savings on business accounts are also protected, but the exact amount depends on the legal form of the business. However, deposits and savings at local branches of foreign banks and\/or foreign banks are protected via the DGS of the Member State of its head office. The amounts on security accounts are protected up to EUR 20.000, but only regarding retail traders.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What recovery and\/or resolution planning obligations apply to banks, and how are recovery and\/or resolution plans reviewed and assessed by supervisory authorities?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>33 DNB is in the lead when drafting the resolution plan for a specific bank. The bank should have an active role regarding information requests of DNB. DNB assesses whether the resolution plan is practically feasible. When it is not practically feasible, the bank should remove the obstacle and make sure the plan will be practically feasible. Examples of obstacles could be complex group structure, unsellable assets or fail to meet information requests.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does your jurisdiction know a bail-in tool in bank resolution and which liabilities are covered? Does it apply in situations of a mere liquidity crisis (breach of LCR etc.)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Based on the implementation of the Bank Recovery and Resolution Directive (\u2018BRRD\u2019) in the FSA, DNB has a specific bail-in tool. The bail-in tool ensures that equity erodes before liability in the case of a resolution. However, some dedicated liability instruments (e.g. coco\u2019s) have specific conditions which make them switch to equity instruments when thresholds are met.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is there a requirement for banks to hold gone concern capital (\"TLAC\")? Does the regime differentiate between different types of banks?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The G-SIIs should comply with the Total Lose Absorbing Capacity (\u2018TLAC\u2019) issued by the FSB. O-SIIs should comply with the Minimum Requirement for Own Funds and Eligible Liabilities (\u2018MREL\u2019) issued by the Single Resolution Board (\u2018SRB\u2019) and DNB. The MREL is bank specific.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is there a special liability or responsibility regime for managers of a bank (e.g. a \"senior managers regime\")?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Bank managers may be subject to fit and proper (re-)assessments by the ECB or DNB as applicable. Also, staff members of banks may be subjected to disciplinary proceedings for violations of the banking oath\u2019. Dutch law does not have specific \u2018senior management regime\u2019. We note that CRD 6 does introduce requirements for banks to prepare individual statements of responsibilities for members of the management body in its management function, senior management and key function holders.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What regulatory, supervisory or market developments are likely to have the most significant impact on the banking sector in the jurisdiction over the next 12 to 18 months?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The following developments may have a significant impact on the banking sector in the Netherlands:<\/p>\n<p>Banks may expect scrutiny from the ECB or DNB in the implementation of new prudential requirements in CRR 3 and CRD 6. Banks may also expect scrutiny of their efforts to implement the requirements of DORA.<\/p>\n<p>Dutch parliament is currently contemplating changes to the strict remuneration requirements for certain non-senior management functions that currently apply to the Dutch financial sector. Such measures could significantly improve the business conditions for banks in the Netherlands.<\/p>\n<p>There may be developments in the area of ESG and climate-related requirements for banks in the Netherlands, including as a result of a pending litigation of a Dutch public interest group against a large bank. The public interest group claims, amongst other things, that the bank is subject must reduce its financed and facilitated carbon emissions in absolute and relative terms, exclude clients connected to new fossil fuel projects, and obtain climate transition plans from its clients.<\/p>\n<p>Over the past decade, most large Dutch banks have been confronted with proactive regulatory or criminal enforcement in the area of AML \/ CTF requirements. Notably, the Dutch public prosector office reached out-of-court settlements with two banks for very significant amounts. However, the AML \/ CTF enforcement landscape may change significantly in the coming years following changes in policies by DNB, focusing on more proportionality, as well as the outcome of pending criminal court proceedings in a case against another Dutch bank that refused an out-of-court settlement by the prosector office.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">5069<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/129708","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=129708"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}