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Financial Law in the Netherlands

Financial Law in the Netherlands

Edited by Marcel C. A. van den Nieuwenhuijzen


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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.

Publish Date 09/24/2010
Publish Frequency As Needed
Product Line Kluwer Law International
ISBN 9789041128577
SKU 10057814-0001
Table of Contents
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