The New Netherlands Financial Services Complaints Tribunal (KiFiD)

The New Netherlands Financial Services Complaints Tribunal (KiFiD)
Title The New Netherlands Financial Services Complaints Tribunal (KiFiD) PDF eBook
Author M. L. Hendrikse
Publisher Uitgeverij Paris
Pages 179
Release 2007
Genre Arbitration and award
ISBN 9077320482

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Financial Law in the Netherlands

Financial Law in the Netherlands
Title Financial Law in the Netherlands PDF eBook
Author Marcel C. A. van den Nieuwenhuijzen
Publisher Kluwer Law International B.V.
Pages 578
Release 2010-09-24
Genre Law
ISBN 9041142401

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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.

Banking and Securities Regulation in the Netherlands

Banking and Securities Regulation in the Netherlands
Title Banking and Securities Regulation in the Netherlands PDF eBook
Author Bas Jennen
Publisher Kluwer Law International B.V.
Pages 218
Release 2010-08-27
Genre Law
ISBN 9041142371

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This book’s primary goal is to give a non-Dutch lawyer a basic understanding of the Dutch financial regulatory environment. In most countries financial regulation is not the easiest accessible area of the law and the Netherlands is no exception. For anyone involved in the Dutch financial industry this book will prove an indispensable toll to have some meaningful insights into the Dutch regulatory landscape. The authors are experienced practitioners who have advised domestic and international clients on Dutch financial law for many years. Together they also have extensive transactional experience as well as considerable in-house experience at both the Dutch financial regulators. Bank and Financial Securities Regulation in the Netherlands will prove a practical and comprehensive guide for non-Dutch lawyers as well as businesses and individuals who are active in the Dutch financial industry. It may also help- other Dutch lawyers to advise their non-Dutch counterparts on some of the intricacies of Dutch financial law.

Kingdom of Netherlands

Kingdom of Netherlands
Title Kingdom of Netherlands PDF eBook
Author International Monetary Fund
Publisher International Monetary Fund
Pages 67
Release 2011-06-21
Genre Business & Economics
ISBN 1455287628

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The Netherlands has been heavily affected by the global financial crisis. The “Twin Peaks” supervision model, with Netherlands Central Bank - De Nederlandsche Bank (DNB) as the prudential supervisor, and the Authority for Financial Markets (AFM) responsible for conduct-of-business supervision, was severely tested, although the case for the model remains strong. The crisis has shown that these institutions bring sizable risks, which requires careful and comprehensive monitoring and supervision. The findings of the Financial Stability Assessment Program (FSAP) are summarized. Top-down stress tests were conducted. Supervisory colleges are an important innovation to reinforce home-host coordination for supervisors of large complex financial institutions (LCFIs).

Enforcement and Effectiveness of Consumer Law

Enforcement and Effectiveness of Consumer Law
Title Enforcement and Effectiveness of Consumer Law PDF eBook
Author Hans-W. Micklitz
Publisher Springer
Pages 708
Release 2018-07-06
Genre Law
ISBN 3319784315

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The book focusses on the enforcement of consumer law in order to identify commonalities and best practices across nations. It is composed of twenty-eight contributions from national rapporteurs to the IACL Congress in Montevideo in 2016 and the introductory comparative general report. The national contributors are drawn from across the globe, with representation from Africa (1), Asia (5), Europe (15), Oceania (2) and the Americas (5). The general report proposes a general introduction to the question of enforcement and effectiveness of consumer law. It then proceeds to identify the variety of ways in which national legislatures approach this question and the diversity of mechanisms put in place to address it. The general report uses examples drawn from the reports to illustrate common approaches and to identify more original or distinct unique approaches, taking into account the reported strengths and weaknesses of each. The general report consistently points readers to particular national reports on specific issues, inviting readers to consult these individual contributions for more details. The national contributions deal with the following areas: the national legal framework for consumer protection, the general design of the enforcement mechanism, the number and characteristics of consumer complaints and disputes, the use of courts and specialized agencies for the enforcement of consumer law, the role of consumer organizations and of private regulation in the enforcement of consumer law, the place of collective redress mechanism and of alternative dispute resolution modes, the sanctions for breaches of consumer law and the nature of external relations or cooperation with other countries or international organizations. These enriching national and international perspectives offer a comprehensive overview of the current state of consumer law around the globe.

The New Regulatory Framework for Consumer Dispute Resolution

The New Regulatory Framework for Consumer Dispute Resolution
Title The New Regulatory Framework for Consumer Dispute Resolution PDF eBook
Author Pablo Cortés
Publisher Oxford University Press
Pages 512
Release 2016-12-01
Genre Law
ISBN 0191079081

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Consumer out-of-court redress in the European Union is experiencing a significant transformation; indeed the current changes are the most important that have occurred in the history of the EU. This is due to the recent implementation of the Alternative Dispute Resolution (ADR) Directive 2013/11/EU and the Online Dispute Resolution (ODR) Regulation (EU) 2013/524. The Directive ensures the availability of quality ADR schemes and sets information obligations on businesses, and the Regulation enables the resolution of consumer disputes through a pan European ODR platform. The New Regulatory Framework for Consumer Dispute Resolution examines the impact of the new EU law in the field of consumer redress. Part I of the volume examines the new European legal framework and the main methods of consumer redress, including mediation, arbitration, and ombudsman schemes. Part II analyses the implementation of the ADR Directive in nine Member States with very different legal cultures in consumer redress, namely: Belgium, Ireland, Italy, Germany, France, Portugal, Spain, the Netherlands and the UK, as well as the distinct approach taken in the US. Part III evaluates new trends in consumer ADR (CDR) by identifying best practices and looking at future trends in the field. In particular, it offers a vision of the future of CDR which is more than a mere dispute resolution tool, it poses a model on dispute system design for CDR, it examines the challenges of cross-border disputes, it proposes a strategy to promote mediation, and it identifies good practices of CDR and collective redress. The book concludes by calling for the mandatory participation of traders in CDR.

A Bank's Duty of Care

A Bank's Duty of Care
Title A Bank's Duty of Care PDF eBook
Author Danny Busch
Publisher Bloomsbury Publishing
Pages 467
Release 2017-08-24
Genre Law
ISBN 1509912630

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In recent years, an increasing number of clients and third parties have filed claims against banks such as for mis-selling financial products, poor financial advice, insufficient disclosure of and warning about financial risks. The scope of a bank's duty of care seems to expand, not only to include protection of consumers against unclear risks of complicated products but also protection of professional parties against more obvious risks of relatively straightforward products. This topic raises many questions, both at a theoretical and practical level. This book provides a rich source of information about how various jurisdictions (Germany, Austria, France, Italy, Spain, the Netherlands, England and Wales, Ireland, and the United States of America) deal with these questions and how answers are found or embedded in their national legal systems. The book also contains a detailed chapter on the MiFID I and II conduct-of-business provisions. Finally, the book provides a thorough comparative analysis and perspective.