News and Publications

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  • Managers of crypto funds – be prepared! The Dutch regulator, the AFM, recently published an awareness letter in which it shares the its concerns in respect of the ability of managers (and depositaries) of crypto funds to comply with the AIFMD. In this letter the AFM creates awareness by posing several questions in relation to liquidity management, valuation, the function of a …
  • Response to Draft European Crowdfunding Regulation On 8 March, the European Commission published the FinTech Action Plan. One of the initiatives taken by the European Commission under this FinTech Action Plan is the proposal for a European Crowdfunding Regulation (the European Crowdfunding Service Providers Regulation). In November last year, the European Commission closed an inception impact assessment in which it requested the market’s feedback whether …
  • GDPR Checklist GDPR CHECKLIST – 10 Focus points  Just a little more than 2 months to go before the General Data Protection Regulation (“GDPR”) (de Algemene Verordening Gegevensbescherming (AVG)) enters into force on 25 May 2018.The regulation under the GDPR largely matches the obligations existing under the Dutch Data protection act (Wet bescherming persoonsgegevens), but it also entails …
  • European Commission brings crowdfunding to the next level On 8 March 2018, the European Commission published a proposal for a crowdfunding regulation as well as a proposal to amend MiFIDII. Under the proposal for a Crowdfunding Regulation, the exploiting entities of business crowdlending platforms and crowdinvesting platforms (in the proposal: crowdfunding service providers, “CSPs”) are offered a possibility to either opt for a …
  • January 2018 – The month of the Crypto’s In the Netherlands, the first month of 2018 was dominated by the attention around cryptocurrencies. Multiple events took place, such as the “Day of the Crypto” in Amsterdam RAI and the ICFG-symposium “Cryptomoney” at the Dutch Central Bank. On the 24th of January, a round-table discussion about cryptocurrencies and Initial Coin Offerings (ICO’s) took place …
  • Chapter (in Dutch) ‘Alternative financing’ for the anniversary beam of the Dutch Association for Financial Law The credit crisis and the tightening of the capital requirements that are applicable to credit institutions, had as a result that the available capital for the real economy dried up as of 2008. New, innovative parties jumped in by filling in the ever-increasing funding demand through non-banking alternative forms of funding. Fueled by technological developments …
  • Response FG Lawyers – Inception Impact Assessment European Commission European regulatory framework for financial-return based crowdfunding The European Commission has investigated in a so-called ‘inception impact assessment’ whether it is desirable to create an European legal framework for crowdfunding platforms in which lenders receive a financial compensation from the borrower on the investment they make via the crowdfunding platform. These can be crowdlending platforms and crowdinvesting platforms. The European Commission considers  …
  • Response (in Dutch) FG Lawyers – Consultation Dutch regulatory framework for crowdlending platforms Following the advisory letter from the AFM to the Dutch legislator, the Ministry of Finance has issued a consultation for the creation of a regulatory framework for crowdlending platforms. Currently, crowdlending platforms operate on the basis of a dispensation from the prohibition to mediate in attracting repayable funds by a company from the public. The …
  • Response FG Lawyers – FinTech Consultation European Commission ‘FinTech’ is one of the buzz words of today. FinTech is the technology-driven innovation within the financial sector. FinTech often results in disintermediation, because components in the value chain around financial services are made more efficient, as well as more user friendly, cheaper and more tailored to the wishes of the client with the help …
  • Publication of the final text of the adapted Wft Exemptions Regulation – increase of the exempted threshold amount. On 6 September 2017 the final text setting out the amendments made to article 53 of the Wft Exemptions Regulation (Vrijstellingsregeling Wft) has been published. These changes will come into force as from 1 October 2017. A summary of the most important changes is set out below: Increase of the exempted threshold amount from € …