Financial Supervision

“The Financial Supervision team will help you with all your financial questions”

The Dutch Financial Supervision Act (Wet op het Financieel Toezicht (“Wft”) and the regulations based on it are extensive and subject to regular amendment. The Financial Supervision team of Kennedy Van der Laan keeps a close eye on developments, so that future rules and regulations can be anticipated in a proper and fast way. The team can also help you with questions such as: which financial rules do I have to comply with? How do I deal with the Dutch Central Bank (DNB) and the Dutch Authority for the Financial Markets (AFM)?

Financial Supervision in Insurance and Liability

Some attorneys of the Financial Supervision team have previously worked in the insurance sector. They know this world from inside out and have the necessary legal and practical knowledge regarding insurers, insurance brokers and intermediaries, equity-linked insurances, investment funds and outsourcing.

Financial Supervision in Banking & Finance

The Financial Supervision team advises banks on general financial matters such as guarantees, bonds, letters of credit, cash pooling arrangements, payment transactions, security issues and other general banking matters.

In addition, the Financial Supervision team is specialized in securities law and procedural administrative law, so that any additional expertise required is always close at hand.

Chambers Europe 2015 – Banking & Finance – Band 5

What the team is known for Well-regarded practice advising a range of national and international banks on a broad spectrum of finance mandates. Offers notable experience in cross-border transactions, restructurings, banking litigation and regulatory issues.

Strengths (Quotes mainly from clients)

“The lawyers are responsive and clear-thinking, with superb English. They are always helpful when we have questions, and are less bureaucratic than others we have dealt with.” 

“We always go back to the firm as it knows our company, is flexible, acts quickly and is always reachable.”

What’s new? Lendico Netherlands is a new client win.

Work highlights Acted for Hercules on a USD10 million loan agreement for uniQure.

Acted for Brand Loyalty on an amendment and restatement agreement of a EUR75 million arranged by banks including NIBC Bank and ING.

Notable practitioners

According to a client, managing partner Bart De Man “delivers an amazing work product in a short period of time. He is structured and can oversee a deal.” He covers syndicated loans, refinancing and acquisition finance.

Associate Joris van Horzen wins effusive praise from sources, with clients describing him as “technically strong, commercial and efficient. He thinks with us to find solutions.”They continue: “He is straightforward and to the point, and keeps things moving.”

Significant clients Silicon Valley Bank, RBS, KPMG, HSBC, Bremer Landesbank.

Legal 500 EMEA 2015 – Banking & Finance – Tier 4

Kennedy Van der Laan, which attracts plaudits for its ‘succinct advice’ and ‘flexible and creative solutions’, has particular expertise in crowdfunding and peer-to-peer lending. ‘Very professional’ senior associate Joris van Horzen is ‘extremely quick to respond’.

Chambers Europe 2014 – Banking & Finance – Band 5

What the team is known for Growing practice handling asset finance, project finance and acquisition finance. Well regarded for banking litigation, and frequently instructed by both borrowers and lenders.

Strengths (Quotes mainly from clients) “The quality is great, and we can always work with the same team. Every time we do a deal, we know the team and the team knows us.”

Notable practitioners Senior associate Joris van Horzen continues to impress sources. One client says: “He knows how to put everything into context with his industry knowledge and is very hands-on and practical. He is dedicated to helping us.”

Legal 500 EMEA 2014 – Banking & Finance – Tier 4

“Kennedy Van der Laan’s ‘very experienced and proactive’ team handles transactional and regulatory matters. Senior associate Joris van Horzen provides ‘no-nonsense solutions to complex structuring and collateral issues’.”

Jan Broekhuizen Financial Regulatory Partner at Kennedy Van der Laan

On 1 June 2015, Jan Broekhuizen will become a partner at Kennedy Van der Laan. The financial regulatory expert will be a member of the Banking &...

21 may 2015 

Bill for Supervision of Credit Unions: Life Buoy for SMEs?

It is no secret that the financing of small and medium-sized enterprises (SMEs) is under pressure since the outbreak of the financial crisis. Several...

19 november 2014 

Annual report The Netherlands Authority for the Financial Markets Indicates a Tendency for More Informal Enforcement of the Financial Supervision Act

Recently, The Netherlands Authority for the Financial Markets (AFM) published its 2012 annual report (Dutch). It appears from this report that in the...

14 may 2013 

Council of State Rules on Expropriation of SNS Bank; a Brief Analysis

Introduction On 25 February 2013, the Administrative Law Judicial Division of the Council of State (“the Division”) gave a ruling in response to...

27 february 2013 

Amendments to the Act on the Prevention of Money Laundering and Financing of Terrorism as of 1 January 2013.

The Dutch Act on the Prevention of Money Laundering and Financing of Terrorism (Wet ter voorkoming van witwassen en financieren van terrorisme,...

21 february 2013 

New Judgment of the Dutch Supreme Court Regarding Collective Deed of Pledge

On 1 February 2013 the Dutch Supreme Court rendered a judgment building on the case of Dix /ING. According to the Supreme Court, a pledge pursuant to...

18 february 2013 

Privilege and right of Attachment of Tax Authorities Reinforced as of 1 January 2013

Amendment of the Law On 1 January 2013, Section 22bis was added to the Dutch Collection of State Taxes Act 1990. Section 22bis reinforces the right...

15 january 2013 

Can KLM's Decision to Reserve Profits Be Upheld in View of the Interests of the Minority Shareholders?

JOR 2012/6 Court of Appeal of Amsterdam, 15 November 2011 On 15 November 2011 the Court of Appeal of Amsterdam rendered a judgment in a dispute...

28 march 2012 

Further Restraints on Executive Compensation

Compensation Policy in the Financial Supervision Act We have previously written in this newsletter about the Regulation on Restrained Compensation...

28 february 2012 

Duty of Care of Banks Towards Third Parties, Help For Practice

Court of Rotterdam 13 July 2011, LJN BR1592 / JOR 2011, 335 The Parties On 13 July 2011, the Court of Rotterdam ruled in a dispute between...

31 january 2012 

New Late Payments Directive

Despite the implementation of Directive 2000/35/EC on combating late payment in commercial transactions in 2002, the European Commission (the...

06 december 2011 

Payment Service Providers and Payment Service Agents Take Care: Wwft Scope Has Been Extended!

In July 2011 the Financial Markets Amendment Act 2010 (Wijzigingswet financiële markten 2010 (the “Wfm 2010”)) entered into effect. The Wfm 2010...

28 october 2011 

Recent Developments in Company Law

No Notarial Deed for BV with Standard Articles of Association The first change is the abolishment of the obligation to see a civil-law notary to...

30 september 2011 

Application and Scope of CDD Regulations in Practice

Court of Appeal of Den Bosch, 10 May 2011, LJN BQ 4142 The Facts JEM is exploiting a coffee shop in Maastricht and has a payment account with Van...

30 june 2011 

Incorporating a BV and NV Made More Simple as of 1 July 2011

As of 1 July 2011 it will no longer be necessary to apply for a ‘certificate of no objection’ when incorporating a BV or an NV. This will put an...

27 may 2011 

The Termination of a Bank Guarantee in order to Lift an Attachment; the Importance of Careful Formulation

Bank Guarantees in General In the Netherlands we have two main types of bank guarantees: the “ordinary” bank guarantee and the “attachment...

29 april 2011 

Regulation on Restrained Remuneration Policies Dutch Financial Supervision Act 2011

As a result of the CRD III Directive, the Decree on Restrained Remuneration Policies (the “Decree”) entered into effect on 1 January 2011....

24 february 2011 

Consumer Credit Directive Implemented in the Netherlands: Important consequences for Suppliers of Consumer Credit

Purpose of the Directive The Consumer Credit Directive was published on 23 April 2008 and serves two important purposes. Firstly, the Directive was...

27 january 2011 

Supervision of Credit Rating Agencies

This paper gives an overview of the regulatory reforms in the US credit rating industry, most notably through the Credit Rating Agency Reform Act of...

01 april 2009 

Directors' Liability and Indemnification

A Global Guide Directors' liability is an increasing concern in boardrooms. Following two decades of high-profile corporate failures in Europe and...

01 january 2007 

ICGN Yearbook 2006 - Corporate Governance in Asia

Louis Bouchez and Motoyuki Yufu, directorate for financial and enterprise affairs of the OECD Asian banks play a dominant role in regional...

01 january 2006 

ICGN 2006 Yearbook - Corporate Governance Policy Reform in China - An Update

Louis Bouchez and Mathilde Mesnard, corporate affiars division of the OECD China has introduced laws, regulations and codes for better corporate...

01 january 2006 

The Quality of Corporate Law and the Role of Corporate Law Judges

This volume brings together a selection of the papers that were presented on 20 March 2006 at the OECD 'Exploratory Meeting on Corporate Governance...

01 january 2006 
Joost Achterberg

Joost Achterberg


  • Joost Achterberg Attorney +31 20 5506 826
  • Joris van Horzen Attorney +31 20 5506 655
  • Frits van der Woude Attorney, Mediator, Partner +31 20 5506 879