ArticleNew Claw-Back Legislation From 1 January 2014Companies may revise and claw back directors’ bonuses if they are excessive or wrongly awardedNetherlandsCorporate/Commercial LawDe Brauw Blackstone Westbroek
ArticleSEC Charges Founder Of Market Research Firm With Insider TradingThe SEC has charged the owner of Insight Research, a consulting firm that analyzes publicly traded companies for hedge fund managers, with insider trading and violating anti-fraud provisions. NetherlandsCorporate/Commercial LawDe Brauw Blackstone Westbroek
ArticleAct On Confiscation Of Criminal ProceedsLegislation broadening the scope for confiscating criminal proceeds took effect 1 July 2011. NetherlandsCriminal LawDe Brauw Blackstone Westbroek
ArticleAFM Revises Brochure On Insider TradingThe Netherlands Authority for the Financial Markets ("AFM") has revised its brochure on insider trading. The primary amendment concerns the obligation of insiders to notify transactions in financial instruments issued by their own institution to the AFM. NetherlandsCriminal LawDe Brauw Blackstone Westbroek
ArticleAFM's Fine Of NCIC For Misleading Trading Practices Becomes FinalThe AFM imposed a EUR 20,000 fine on NCIC for misleading trading practices on 11 May 2012.NetherlandsCriminal LawDe Brauw Blackstone Westbroek
ArticleDNB Fines Two Companies For Illegally Conducting Banking ActivitiesThe Dutch Central Bank issued two fines for banking law violations on 25 September 2012.NetherlandsCriminal LawDe Brauw Blackstone Westbroek
ArticleMinister Of Security And Justice Visits The US To Join Fight On Corruption And CybercrimeOn 21 February 2012, the Dutch Minister of Security and Justice signed a Memorandum of Understanding in Washington D.C. with the World Bank for greater cooperation in fighting international fraud and corruption. NetherlandsCriminal LawDe Brauw Blackstone Westbroek
ArticleGeneral Pension Funds Obtain Clarification On Derivatives TransactionsRecently, the State Secretary for Social Affairs and Employment has explicitly stated that this was never intended.NetherlandsEmployment and HRDe Brauw Blackstone Westbroek
ArticleReservations On Proposed Government Conditions For Industry-Wide Pension Fund MergersIn a letter to Parliament late 2016, the State Secretary for Social Affairs and Employment set out the government's conditions for allowing mergers between mandatory industry-wide pension funds...NetherlandsEmployment and HRDe Brauw Blackstone Westbroek
ArticleAdvocate General: Splitsingswet Not In Conflict With EU LawThis legal alert describes the Advocate General’s advice to the Supreme Court that the ‘Splitsingswet’ is not in conflict with EU law, but still has to be assessed for compliance with ECHR (property right).NetherlandsEnergy and Natural ResourcesDe Brauw Blackstone Westbroek
ArticleMore Clarity On Intended Timeline For Dutch Offshore Wind Farms TenderThe Minister of Economic Affairs recently submitted to parliament a bill amending the Electricity Act 1998 and an accompanying draft decree on compensation relating to the offshore grid.NetherlandsEnergy and Natural ResourcesDe Brauw Blackstone Westbroek
ArticleAFM Starts Pilot On Fast-Track Fines For Acting As An Intermediary Without A LicenceThe pilot concerns cases involving violations of section 2:80.1 FMSA (acting as an intermediary without a licence) where the offender does not dispute the facts and legal assessment of the facts and cooperates with a fast-track processing of the case. NetherlandsFinance and BankingDe Brauw Blackstone Westbroek
ArticleAlternative FinancingThe Minister of Economic Affairs has informed the Second Chamber about alternative forms of financing.NetherlandsFinance and BankingDe Brauw Blackstone Westbroek
ArticleBan On Commissions For Complex ProductsThe Minister of Finance wants to ban commissions for complex and high-impact products from 1 January 2013. NetherlandsFinance and BankingDe Brauw Blackstone Westbroek
ArticleCouncil Approves Banking Supervision By The ECBThe European Central Bank will start directly supervising 150 of the Eurozone’s largest banks and be closely involved in the supervision of other banks from September 2014.NetherlandsFinance and BankingDe Brauw Blackstone Westbroek
ArticleDutch Central Bank Fines Two Companies For Illegally Conducting Banking ActivitiesThe Dutch Central Bank issued two fines for banking law violations in September 2012. NetherlandsFinance and BankingDe Brauw Blackstone Westbroek
ArticleEuropean Court Extends Scope Of Financial Transactions Disclosure ObligationsNational banking supervisors in the EU are entitled to information about suspicious clients of banks that are not established in their territory but do provide financial services there from another EU country. NetherlandsFinance and BankingDe Brauw Blackstone Westbroek
ArticleFinancial Service Providers Have General Duty Of Care From 1 January 2014The Financial Markets Amendment Act 2014 is expected to take effect on 1 January 2014. It introduces a general duty of care for financial services providers, but a less extensive one than originally planned.NetherlandsFinance and BankingDe Brauw Blackstone Westbroek
ArticleIntervention Act Introducing Special Measures Against Financial Undertakings Enters Into ForceThis Act came into force on 13 June and has retroactive effect from 20 January 2012. NetherlandsFinance and BankingDe Brauw Blackstone Westbroek
ArticleIntroduction Of Suitability Test And Closer Cooperation Between Financial SupervisorsA Bill will enter into force on 1 July 2012 amending the current rules regarding the expertise required of day-to-day policy makers and supervisory board members at financial undertakings. NetherlandsFinance and BankingDe Brauw Blackstone Westbroek