Financial Services Lawyers
The financial sector is facing significant changes in the supervision and restrictions in respect of the business model after the development of the financial crisis in 2007. Traditional structures have to be re-evaluated. Financial products and financial services need to be adapted to the new requirements imposed by governments and supervisory authorities. The traditional ‘stakeholder-model’ is set aside, executive directors and supervisory directors are facing tremendous challenges in respect of the conduct of their responsibilities and the requirements imposed by the supervisory authorities. Rules and regulations for the financial sector are changed rapidly and the forthcoming years many more initiatives for change will follow.
Our specialists of Financial Services advise our clients in respect of different topics concerning the changing environment in the financial sector. We focus on the following specialisms and competences:
- Building the business environment of regulated companies and testing compatibility of processes and procedures with the regulations of the financial sector;
- Risk management within regulated businesses and the translation of risk management to the organisation and governance of the business and aligning remuneration policies;
- Advising on the corporate governance structure. Prepare for Integrity and suitability assessments of executive and non-executive board members and assisting in shaping and formalising the relations between them in the context of the regulated business;
- Market entry (permits, dispensations and exemptions) of Dutch and international regulated businesses (such as banks, insurers, payment services providers, financial service advisors and brokers, investment firms, clearing institutions and trust companies) and 'European Passports';
- Financing of regulated businesses (such as banks, insurers and payment services providers) and the shaping of the contractual terms and conditions for external equity and debt financing complying with financial sector regulations;
- Duty of care to consumers of financial products and financial services and the development of contractual terms and conditions for the relation between the regulated business and its customers;
- Risk management trough transactions with a regulatory background, such as derivatives and structured capital and liquidity products;
- Infrastructure for payments and securities and measures to protect customer’s interests (asset and money segregation and custody).