Financial law

The rapidly changing world of financial markets poses many challenges. In recent years, companies and financial institutions have been increasingly confronted with complex (inter)national laws and regulations. Blenheim’s banking/financial lawyers have specialised knowledge in all areas of financial law. These include capital markets, mergers and acquisitions, financing, financial disputes, market abuse, regulation and supervision.

Financial supervision and regulatory compliance

Blenheim’s specialised lawyers assist companies in a wide range of issues relating to licensing, enforcement and financial (supervisory) legislation. We advise on the scope of (inter)national supervisory law (such as the Financial Supervision Act, Mifid II, MAR, PSD2 and MiCa) and relieve companies of the burden of dealing with financial supervisory authorities (AFM, DNB and ECB). The supervisory aspects advised on relate to licence applications, integrity screening, declarations of no objection, business operations, procedures and investigations. We have assisted client to obtain licences for payment services (PSD2) and the MiFiD II licence for investment firms, remote gambling licences and registration for crypto providers. Under the Mica Regulation we assist crypto service providers with their licence application as from April 22, 2024.

Organizing financial business

Blenheim advises on both procedural and non-procedural aspects relating to financal regulations and business operations in the Netherlands. Our specialists are familiar with all financial aspects of the acquisition process, acquisition financing, setting up financing structures, joint ventures and general banking financing. We assist companies to set up shop and operate in the Netherlands. The advantage of a licence from a Dutch Authority is that you don’t have to apply for one in other EU member states. For example: the crypto service licence from the Dutch AFM allow you to operate from the Netherlands all over Europe. With respect to (re)financing, we also incorporate our knowledge in the field of financial supervision.

Financial litigation practice

In the event of disputes, we always look for the best solution. If litigation is necessary, we do not hesitate to pull out all the stops in administrative of civil procedures. Our lawyers have many years of experience with individual and collective proceedings. These include proceedings relating to financial products, duty of care, financing agreements, loans, asset management, investment advice, prospectuses, derivatives (such as interest rate swaps) and disputes with regulators. We litigate before judicial authorities as well as complaints bodies such as KiFiD.

Operate your financial services from the Netherlands

We can truly certify that Amsterdam is a great place to run your business from. It’s a fine country for business and a great place to live. There is a very mature e-commerce market also because the country is highly digitalized. For example we’re ranking 4th on the list of countries with the most crypto users. Therefor it’s an ideal European starting place for digital services. There’s also an innovative business community on the lookout for new, high-quality services. And of course  the Netherlands have advantages because of the tax advantage for holding companies. Having a licence from a Dutch Authority opens up your business for the other EU countries.

 

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