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Financial Law in the Netherlands

Financial Law in the Netherlands

Author: Marcel C. A. van den Nieuwenhuijzen
Publisher: Kluwer Law International
ISBN: 9789041128577
Published In: September 2010
Format: Hardback , 576 pages
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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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 very useful book provides a practical but nevertheless thorough survey of Dutch financial law, with lucid 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 an admirable text for students and academics in the field of financial law.

About the Authors List of Abbreviations English-Dutch List of Legislation Preface

Chapter 1 Introduction to Financial Law in the Netherlands M.S. Lotay & M.C.A. van den Nieuwenhuijzen

Chapter 2 Types of Securities and the Statutory Framework Applicable to Securities L.J. Silverentand

Chapter 3 Primary and Secondary Offerings of Securities H.B.W. Beerlage & J.H. Horsmeier

Chapter 4 The Regulation of Investment Firms in the Netherlands W.J. Horsten

Chapter 5 Clearing and Settlement in the Netherlands B.J.A. Zebregs

Chapter 6 Custody of Securities and Book-Entry Transfer of Rights Regarding Securities B.F.L.M. Schim

Chapter 7 Listing and Delisting T.M. Stevens

Chapter 8 Takeover Bids and Anti-takeover Devices in the Netherlands M.J.G.C. Raaijmakers & P.A. van der Schee

Chapter 9 Investment Funds M.C.A. van den Nieuwenhuijzen

Chapter 10 Derivatives M.S. Lotay

Chapter 11 Repos and Securities Lending W.A.K. Rank

Chapter 12 Securitisation R.E.G. Masman & P.N.J. van Welzen

Chapter 13 Covered Bonds R.A. Stegeman & J.C. Westermann

Chapter 14 Caretaking Duties and Investment Firms S.B. van Baalen

Chapter 15 Prospectus Liability in the Netherlands: Consequences of the Unfair Commercial Practice Rules (Wet Oneerlijke Handelspraktijken, Wet OHP) T.M.C. Arons & A.C.W. Pijls

Chapter 16 Litigation and Securities Law G.P. Roth & M. van Eersel Index