Financial law in the Netherlands

The Netherlands is one of a handful of countries in which bank enterprise and national financial law give rise to a large number of international financial transactions. It is important then for practitioners in other countries to gain more than a notional understanding of the specific features of Dutch financial law, as well as a clear working knowledge of how Dutch financial law interacts with supranational regulatory and policy regimes affecting financial transactions.

Toward this end, this book provides a practical but nevertheless thorough survey of Dutch financial law, with explanations of such topics as the following:

• specific rules applicable to investment institutions;
• specific rules applicable to debt instruments;
• offering securities in both primary and secondary markets;
• set-off and calculation of obligations of market participants (netting);
• structures for custody and book-entry transfer of securities;
• obtaining and terminating listings;
• mandatory bids, competing bids, friendly and unfriendly bids under public offering regulations;
• alternative investment funds and fund governance;
• meaning, jargon and function of derivatives, forwards, futures, options, swaps, etc.;
• securities repurchase and lending transactions;
• covered bond regulations;
• caretaking duties in private and public law;
• structure of legal proceedings of a prospectus liability claim;
• unfair commercial practices rules;
• case law in insider trading and market manipulation; and
• securities litigation in Dutch private, criminal, and administrative law.

Written in clear, easy-to-follow English, this book makes Dutch financial law accessible to lawyers, business persons, and others whose work entails financial transactions in the Netherlands. It also serves as a text for students and academics in the field of financial law.