Boom Basics Dutch Financial Supervision Act.
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Superior document: | Boom Basics Series |
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TeilnehmendeR: | |
Place / Publishing House: | The Hague : : Boom Uitgevers Den Haag,, 2020. Ã2020. |
Year of Publication: | 2020 |
Edition: | 1st ed. |
Language: | English |
Series: | Boom Basics Series
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Online Access: | |
Physical Description: | 1 online resource (236 pages) |
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Table of Contents:
- Intro
- I. Introduction
- 1. Position in Dutch law
- Financial supervision law
- Overlap with other fields of law
- 2. Origin
- Reason for the supervision of financial markets
- Further development
- Non-investment-related supervision
- Tilting from sectoral supervision to functional supervision
- Further developments
- 3. Objectives (prudential and conduct of business supervision)
- Prudential supervision
- Conduct of business supervision
- 4. European influences
- European law
- Financial Services Action Plan
- Lamfalussy legislative procedure
- Capital Markets Union
- Mutual recognition
- Brexit
- European financial regulators
- Maximum harmonisation
- 5. Structure
- Level of legislation
- Lower regulation
- Policy Rule
- II. General part (Part 1)
- 6. Definitions
- 7. Financial product, financial instrument and security
- Financial product
- Financial instrument
- Security
- 8. Customer, consumer and public
- Client
- Consumer
- Public
- 9. Professional market party, professional investor, eligible counterparty, qualified investor and institutional investor
- Professional market party
- Professional investor and 'eligible counterparty'
- Qualified investor
- Institutional investor
- 10. AIF, undertaking for the collective investment in transferable securities (UCITS), investment fund, investment company and investment firm
- AIF
- Open-end and closed-end
- Undertakings for collective investment in transferable securities (UCITS)
- Investment fund or investment company
- Investment firm
- 11. Financial firm, financial institution and financial service provider
- Financial firm
- Financial institution
- Financial services provider
- 12. Key information document and key investor information document
- Key information document
- Key investor information.
- 13. Offering and 'in the course of a profession or business'
- Offering
- In the course of a profession or business
- 14. Scoping provisions
- Government-related institutions
- Pension funds and their asset managers
- Online services
- 15. Affectability of legal acts
- 16. Supervision and enforcement
- Supervisory powers
- Duty to cooperate and principle of proportionality
- Enforcement powers
- Administrative penalty
- New enforcement instruments
- 17. Confidentiality and publication
- Confidentiality
- Disclosure
- 18. Liability of regulators
- 19. Cooperation between regulators
- Cooperation between the AFM and DNB
- Cooperation with other supervisors/European institutions
- 20. Procedures
- licence and DNO
- Licence
- Amendment and/or withdrawal
- Declaration of no objection
- 21. Remuneration policy
- 20% bonus cap
- Scope
- Exemptions
- Claw-back and adjustment of bonuses
- III. Market Access Financial Firms (Part 2)
- 22. Introduction
- Prohibition, unless
- Licensed activities
- Licensing authority
- Single Supervisory Mechanism and ECB competence
- 23. Territorial scope
- In the Netherlands
- Services via Internet
- To act as insurance intermediary for clients located outside the Netherlands
- Seat in the Netherlands
- 24. Statutory exemptions and dispensations
- Scope of application
- Statutory exemptions
- Exemption Regulation
- Dispensations
- By operation of law versus on request
- Relationship to ongoing supervisory requirements
- 25. European passport
- 26. Payment service providers
- Description
- Statutory exemption
- Exemption Regulation
- 27. Electronic money institutions
- Description
- Statutory exemption
- Exemption Regulation
- 28. Banks
- Description
- Statutory exemption
- 29. Insurers
- Description
- Non-life insurers
- Life insurers.
- Funeral expenses and benefits in kind insurance
- Reinsurers
- Statutory exemptions
- Exemption Regulation
- Miscellaneous
- 30. Offering investment objects
- Description
- Statutory exemptions
- Exemption Regulation
- 31. Offering credit
- Description
- Statutory exemptions
- Exemption Regulation
- 32. Managing and offering of units in AIFs and UCITS
- Description
- Statutory exemptions
- Light managers
- Excluded entities
- Managers from non-EU countries
- Managers from a designated state
- Miscellaneous
- Permitted 'extra' activities
- 33. Advising on financial products other than financial instruments
- Description
- Statutory exemptions
- Exemption Regulation
- 34. Acting as an intermediary
- Description
- Statutory exemption
- Exemption Regulation
- European passport
- 35. Providing investment services and performing investment activities
- Description
- Statutory exemptions
- Exemption Regulation
- Ancillary services
- 36. Licence requirements
- Light dispensations
- 37. Access to foreign financial markets
- notification procedure
- Establishing a branch
- Without a branch - cross border
- IV. Prudential Supervision of Financial Firms (Part 3)
- 38. Introduction
- Scope
- International sources (Basel III and CRD IV)
- 39. Group finance companies
- Dispensation
- 40. The prohibition to obtain repayable funds
- Statutory exemptions
- Exemption Regulation
- Dispensation
- 41. The prohibition to use the word 'bank'
- Statutory exemptions
- Exemption Regulation
- Dispensation
- 42. Suitability and trustworthiness
- 43. Integrity policy
- Numbered accounts
- 44. Structuring and organisation
- Four-eye principle and control structure
- Organisation of business operations
- General aspects
- Integrity aspects
- Prudential aspects
- 45. Minimum capital
- The amounts
- The composition.
- 46. Solvency and financial position
- Regulatory capital
- Deduction
- Capital ratios
- Risk-weighted assets/risk exposure
- 47. Capital buffer
- 48. Liquidity
- 49. Technical provisions
- 50. Qualifying holdings in and by financial firms
- In a financial firm
- Assessment criteria
- By a financial firm (bank or insurer)
- Assessment criteria
- 51. Measures in the event of breaches of prudential rules
- 52. Transfer of portfolio by insurers
- Insurers seated the Netherlands
- Insurers seated in another member state
- Insurers seated in a non-member state
- 53. Recovery plan
- 54. Investor compensation scheme and deposit guarantee scheme
- Investor compensation scheme
- Deposit Guarantee Scheme
- 55. Investment principles and investment policies of PPIs
- 56. Consolidated supervision of financial firms
- Different types
- Regulator
- Exemption
- Banking groups
- Elements of supervision
- Insurance groups
- Elements of supervision
- Financial conglomerates
- Elements of supervision
- V. Part on Special measures and provisions concerning financial firms (Part 3A)
- 57. General information
- Scope
- Powers
- 58. The preparation phase
- Resolutionplan
- Contractual resolvability clause
- MREL
- 59. The early intervention phase
- Binding instruction
- Shareholder approval
- Appointment of a special administrator
- Restriction of rights of counterparties during the early intervention phase
- Zero-hour rule
- 60. The resolution phase
- First: write-down or conversion of capital instruments (WDCCI)
- Only then: resolution
- Conditions for resolution
- Resolution principles
- Resolution tools
- Transfer of business to a private party
- Transition from an undertaking to a bridge institution
- Asset separation
- Bail-in
- 61. Special measures
- Measures within the context of the corporate structure.
- Restriction of rights of counterparties during the resolution phase
- Zero-hour rule
- Trade in financial instruments
- 62. Legal protection
- VI. Part on Conduct of business supervision of financial firms (Part 4)
- 63. Introduction
- Scope
- Types of conduct of business rules
- 64. Suitability
- Assessment
- Oath or solemn affirmation
- 65. Knowledge and competence
- 66. Trustworthiness
- Assessment
- 67. Integrity policy
- Minimum requirements
- 68. Structuring and organisation
- Structure of control
- Organisation of business operations
- General aspects
- Integrity aspects
- Behavioural aspects
- Financial service providers
- Outsourcing
- Complaints handling
- 69. Duty of care
- Information
- Pre-contractual information
- Advertising
- risk indicator, warning text and essential information document
- Ongoing information obligations
- General duty of care
- Standard of care
- 70. Client classification and know-your-customer
- Client classification
- Know-your-customer
- 71. Ban on inducements
- Scope
- Exemptions
- Information obligation
- 72. Notification obligations
- 73. Offering investment objects
- 74. Granting credit
- Mandatory participation in credit registration system
- Pre-contractual information
- Creditworthiness test
- Maximum cost of credit
- 75. Offering units in investment funds
- Requirements to the AIFM
- Notification procedure and offer requirements
- Depositary
- Appointing a depositary
- Quality and establishment requirements depositary
- Liability of the depositary
- Legal ownership of assets
- Depositary entity
- Separate depositary entity
- Allowed claims
- Creditor ranking
- Valuation of assets
- Prospectus
- Provision of information - professional or retail investors
- Control over undertakings
- Notification obligation
- Information provision.
- Asset stripping.