On 27 October 2015, the Dutch Minister of Finance published a first draft of the Decree implementing the UCITS V Directive (2014/91/EU) (Implementatiebesluit wijziging richtlijn icbe’s, the Implementation Decree) for consultation. The Implementation Decree will amend the Decree on Conduct of Business Supervision of Financial Undertakings (Besluit Gedragstoezicht financiële ondernemingen), the Decree on Prudential Rules for Financial Undertakings (Besluit prudentiële regels Wft), the Decree on Market Access of Financial Undertakings (Besluit Markttoegang financiële ondernemingen Wft) and the Decree on Administrative Fines in the Financial Sector (Besluit bestuurlijke boetes financiële sector).

The Implementation Decree together with the Act implementing the UCITS V Directive (Implementatiewet wijziging richtlijn icbe’s), which was published for consultation back in March and April 2015, aim to increase investor confidence in undertakings for collective investment in transferable securities (UCITS) by strengthening the requirements on the duties and liability of depositaries (bewaarders) as well as the requirements relating to the remuneration policy of a UCITS manager.

View the Implementation Decree (Dutch only), 27 October 2015. The deadline for comments on the Implementation Decree is 23 November 2015.

Photo of Nikolai de Koning Nikolai de Koning

Nikolai de Koning is a financial services lawyer (advocaat) based in Amsterdam. Nikolai is experienced in financial services and banking law, as well as in data privacy (protection). He is experienced in advising on regulatory and compliance aspects relevant to financial…

Nikolai de Koning is a financial services lawyer (advocaat) based in Amsterdam. Nikolai is experienced in financial services and banking law, as well as in data privacy (protection). He is experienced in advising on regulatory and compliance aspects relevant to financial institutions, such as insurance companies, investment firms, clearing institutions and central counterparties. Nikolai also advises on Dutch licence and notification requirements and he assists companies in their licence or notification processes with the Dutch financial regulators. He also specialises in privacy issues arising out of online products, data protection and e-commerce.