The Netherlands

Topic: Investment firms

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Tomorrow’s financial services webinar – Prudential regime for investment firms

As previously advertised, this month’s financial services briefing will take place tomorrow in the form of a webinar rather than a seminar. In this webinar we will discuss the proposed approach to the prudential classification of investment firms and the new capital requirements methodology. We will then look at the new reporting requirements and remuneration provisions. … Continue Reading

AFM anticipates legislative proposal on remuneration rules for proprietary traders and continues tolerance policy in 2020

The Netherlands Authority for the Financial Markets (Autoriteit Financiële Markten, the AFM) currently allows certain groups of proprietary traders (persons dealing on own account) not to comply with the 20% bonus cap. In 2017, propriety traders faced a situation where they would be subject to the bonus cap with immediate effect, while they were first … Continue Reading

Exemption from licence obligation for Singapore and US market operators

On 4 September 2019, the Dutch Minister of Finance published a regulation adding a new provision to the Exemption Regulation AFS (Vrijstellingsregeling Wft) containing an exemption from the Dutch licence obligation for Singapore and US market operators that operate trading venues (organised trading facilities and multilateral trading facilities) in the Netherlands (the Regulation). The Regulation stipulates … Continue Reading

AFM points out licence obligation for proprietary trading firms that execute orders on behalf of clients

On 28 August 2019, the Netherlands Authority for the Financial Markets (Autoriteit Financiële Markten AFM) published a news item addressing the licence obligation for proprietary trading firms (handelaren voor eigen rekening), in particular in case orders are executed on behalf of clients. The AFM indicates in order to determine whether someone is dealing on own … Continue Reading

Amendment Decree Financial Markets 2019 submitted to Dutch Parliament and Dutch Senate

On 7 June 2019, the Dutch Minister sent the Amendment Decree Financial Markets 2019 (Wijzigingsbesluit financiële markten 2019, the Amendment Decree) to the Dutch Parliament (Tweede Kamer) and the Dutch Senate (Eerste Kamer). Among other things, the Amendment Decree will amend the Decree on Conduct of Business Supervision of Financial Undertakings (Besluit Gedragstoezicht financiële ondernemingen … Continue Reading

Transitional regime for UK investment firms in case of a no-deal Brexit published in Dutch Government Gazette

On 12 February 2019, the amendments to the Exemption Regulation AFS (Vrijstellingsregeling Wft, the Exemption Regulation) in relation to the (temporary) exemptions for investment firms based in the UK was published in Dutch Government Gazette (Staatsblad). The date of entry into force of this exemption can now be set by means of a ministerial decree (where necessary … Continue Reading

Dutch Minister proposes transitional regime for investment firms from the UK in case of a no-deal Brexit

On 4 February 2019, the Dutch Minister of Finance (the Minister) proposed an amendment to the Exemption Regulation AFS (Vrijstellingsregeling Wft, the Regulation), stipulating that Article 10 of the Regulation (also known as: the third-country regime) will temporarily apply to investment firms from the UK if the UK and the EU have not entered into an agreement on … Continue Reading

Minister informs the Dutch Parliament on the progress of the revised EU prudential framework for investment firms

On 17 December 2018, the Dutch Minister of Finance (the Minister) sent a letter to the Dutch Parliament on the decision-making progress with regard to the revised EU prudential framework for investment firms. This framework consists of a proposal for a regulation on prudential requirements for investment firms (the Investment Firm Regulation) and a proposal … Continue Reading
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