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Amendments to the Further Regulation on the Supervision of the Conduct of Financial Undertakings Wft

On 14 December 2022, the Netherlands Authority for the Financial Markets, published amendments to the Further Regulation on the Supervision of the Conduct of Financial Undertakings under the Financial Supervision Act.

MiCAR: an important step in regulation of crypto markets (status update)

On 21 december 2022, the dutch ministry of finance published a letter updating the dutch parliament on the status of the european markets in crypto assets regulation (micar).

EBA publishes its guidelines on remote customer onboarding

On 22 November 2022, the European Banking Authority (“EBA”) published its final Guidelines on the use of remote customer onboarding solutions (the “Guidelines”).

Chambers and Partners Real Estate Global Practice Guide 2023 - Luxembourg chapter

Claire-Marie Darnand, Victorien Hémery, Benjamin Marthoz, Tom Storck, Johan Léonard and Anaïs Bracqbien have contributed to the Luxembourg chapter of the Chambers and Partners Real Estate Global Practice Guide 2023.

ECB Releases Qualifying Holding Guide

On 23 May 2023, the European Central Bank (ECB) published its guide on qualifying holding procedures (the Qualifying Holding Guide).

How the Rotterdam Court Ruling affects the registration regime for Crypto Services Providers in the Netherlands

On 4/10/2023, the District Court of Rotterdam ruled that the Dutch registration regime for crypto services providers goes beyond the scope of the registration requirement set out in the Fifth Anti-Money Laundering and Anti-Terrorism Financing Directive.

DNB’s Good Practice intra-group relations

Intra-group relations, such as agreements and intragroup positions, between e-money and payment institutions and other entities within the same group can pose a threat to the solidity of the institution.

Dutch Supreme Court answers questions on setoff before and during bankruptcy and suspension of payments

The authors discuss a recent judgment by the Dutch Supreme Court that extends the right of setoff for banks before and during bankruptcy and suspension of payments.

Financial Stability Board issues uniform bank cyberattack reporting framework

On 13 April 2023, the Financial Stability Board (FSB) published a report on convergence in Cyber Incident Reporting (CIR).

CBBD implemented in Dutch law

The Netherlands has published the implementation decree in respect of the EU Directive and EU Regulation on cross-border distribution of funds. This means that the (pre)marketing of units in investment funds will be subject to new rules from 6 November 20

Chambers and Partners Real Estate Global Practice Guide 2021 - Luxembourg chapter

Claire-Marie Darnand, Victorien Hémery, Johan Léonard, Tom Storck, Benjamin Marthoz, Audrey Jarreton and François Bernard contributed to the Luxembourg chapter of the Chambers and Partners Real Estate Global Practice Guide 2021.

European Commission clarifies SFDR Level 1 Requirements

On 6 July 2021, the European Commission adopted the much-awaited decision C(2021) 4858 final which provides very useful answers to the questions raised by the European Supervisory Authorities on priority issues relating to the application of the SFDR.

Stibbe Luxembourg lawyers co-author the SFDR Implementation Guide

Edouard d'Anterroches, Audrey Jarreton and Nicolas Pradel co-authored the SFDR Implementation Guide published on 9 March 2021 by the ABBL, ALFI and ACA for the use of their members.

Financial Regulatory – Update Q1 2021

Traditionally, 1 January (and 1 July) each year is a date on which new Dutch financial regulations enter into force. This year, the amendments to the Dutch Financial Supervision Act are relatively few, but other developments are worthy of attention.

Marieke Driessen authors chapter on ESG in 'Sustainable Finance in Europe'

The book, entitled 'Sustainable Finance in Europe', brings together the views of expert academics and practitioners on the latest regulatory developments in sustainable finance in Europe. It includes cutting-edge issues which relate to three main themes.

The Dutch scheme – highlights of the 10 judgments rendered to date

On 1 January 2021, the Act on confirmation of private restructuring plans (Wet homologatie onderhands akkoord, the "Dutch Scheme") came into effect.

How certain elements of the Dutch scheme may (or may not) affect ISDA Master Agreements

On 1 January 2021, the legislative framework for court-approved restructurings of debts outside formal insolvency proceedings (hereafter referred to as the ‘Dutch scheme’, or simply, the ‘scheme’) entered into force.

EU Regulator’s response to the Reddit rally

A massive stock market rally recently suddenly developed with respect to GameStop’s shares, a moribund chain of video game stores in the United States. The instigators: users of the investment forum r/wallstreetbets on Reddit.

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