Banking and securities law provides rules on the access, organisation and behaviour of players on securities market. This area of the law is constantly changing, not only because of the rapid developments on the securities markets, but also because of the many directives and regulations issued by the European Union. The European Union thereby furthers the harmonisation of banking and securities law within Europe.
In the Netherlands, the main regulation in this field of law is laid down the Financial Supervision Act (Wft). The objective of the Wft is the orderly functioning of the securities markets and the protection of investors. The latter is very much needed, given the fact that financial products such as shares, bonds and derivatives are becoming increasingly opaque. The specialists of LexQuire take care of the transparency.
For the purpose of investor protection, intermediaries (banks or other intermediaries) and advisers have a special duty of care. They have a responsibility to inform investors about the purchase of financial products. This duty of care also includes the obligation for intermediaries and advisers to familiarise themselves with the financial position of the investor, the present level of knowledge and experience, and the investment objective. This is also referred to as the ‘know your customer rule’.
The special duty of care of intermediaries increases with the intensity of the legal relationship with the investor. An advisory relationship is subject to a less far-reaching duty of care than an asset management relationship.
Are you planning to become active on the financial markets in the Netherlands, Germany, Belgium, France or elsewhere? Then the professionals of LexQuire will happily think with you about forms of financing, setting up your company and applying for the necessary licences at the competent authorities (i.e. DNB and AFM).
Has your adviser, bank or other intermediary neglected his responsibility towards you or given you incomplete or incorrect advice? Have you suffered damages as a result? Then please contact LexQuire as soon as possible. Our specialists are there for you.
The regulations for investment institutions and asset managers have been amended and supplemented on a large scale in recent years. These include regulations at European level such as the AIFMD (Alternative Investment Fund Managers Directive), the UCITS (Undertakings for Collective Investment in Transferable Securities Directives), EMIR (European Market Infrastructure Regulation) and the Dutch ban on commissions.
Our specialists know their way through the maze of regulations. They are experienced in setting up investment funds and real estate funds in particular. In addition to indispensable legal advice, they also give notarial and tax advice on the structuring of the fund.
The extensive and continual changes in the regulations governing investment institutions make it necessary to restructure the fund regularly. Our specialists will be happy to examine the possibilities at hand for you. We assist you with the revision of contracts and the change of possible shareholdings or collaborations.
