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Amendment Act Financial Markets 2022 published in Dutch Government Gazette

By Floortje Nagelkerke (NL) & Julia van der Grint on May 30, 2022
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On 27 May 2022, the Amendment Act Financial Markets 2022 (Wijzigingswet financiële markten 2022) (the 2022 Act) was published in the Dutch Government Gazette.

The 2022 Act contains changes to key legislation relevant to the Dutch financial markets, including, but not limited to, the Act on the Financial Supervision (Wet op het financieel toezicht, the AFS), the Financial Supervision Funding Act 2019 (Wet bekostiging financieel toezicht) and the Act on the prevention of money laundering and terrorist financing (Wet ter voorkoming van witwassen en financieren van terrorisme). This legislative proposal is part of an annual cycle of changes to legislation relevant to the Dutch financial markets.

Among others, the 2022 Act provides for the introduction of a “segregated assets account” (rekening met afgescheiden vermogen) for payment institutions, payment processing service providers, electronic money institutions and investment firms. In particular, there are certain requirements for the segregated assets account including that it must be held with a bank with its seat in the Netherlands that is licensed by the European Central Bank or the Dutch Central Bank (De Nederlandsche Bank), the account must be in the name of the financial institution concerned, and it should follow from the name of the account that it is held by the account holder in its own name and noting the account holder’s capacity, but for the benefit of one or more third parties (the customers). The funds in the segregated assets account are separate assets and are only to be used for settling claims from interested parties, i.e. from: (1) third parties for whom the funds have been deposited in the account and (2) the bank where the segregated assets account is held (provided it concerns claims related to the management of the account). In both cases the claims must be related to the entrustment of the funds to the account holder. This exclusivity of recourse means that in the event of the bankruptcy of the financial institution, the funds in the segregated assets account do not form part of the financial institution’s bankruptcy estate.

Please see our previous blog on an overview of the 2022 Act.

The 2022 Act will enter into force on a later date to be set by means of a separate Decree.

Photo of Floortje Nagelkerke (NL) Floortje Nagelkerke (NL)
Read more about Floortje Nagelkerke (NL)Email
Photo of Julia van der Grint Julia van der Grint

Julia van der Grint is a financial services lawyer based in Amsterdam.

She advises clients on a wide range of regulatory and compliance aspects relevant to financial institutions, such as investment firms, trading platforms, payment institutions, insurers, fund managers and clearing and settlement…

Julia van der Grint is a financial services lawyer based in Amsterdam.

She advises clients on a wide range of regulatory and compliance aspects relevant to financial institutions, such as investment firms, trading platforms, payment institutions, insurers, fund managers and clearing and settlement institutions. Julia has developed particular knowledge of blockchain and cryptocurrencies, and advises crypto-asset services providers, crypto exchanges, payments providers and financial institutions on the regulatory issues related to the deployment of these technologies. She also advises on Dutch licence application and notification requirements and assists companies in their licence or notification processes with the Dutch Authority for Financial Markets and the Dutch Central Bank. Additionally, she assists companies in their contacts with these supervisory authorities and represents companies in enforcement procedures.

In addition, she has previously advised banks, other financial institutions and corporates in an array of transactions, both domestic and cross-border. This includes, among others, advising lenders and lender-groups in corporate restructurings and other insolvency related matters.

Prior to joining the team as an associate, Julia gained experience with the Amsterdam office as a student worker.

Read more about Julia van der GrintEmail
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  • Posted in:
    Banking, Finance and Securities
  • Blog:
    Global Regulation Tomorrow
  • Organization:
    Norton Rose Fulbright
  • Article: View Original Source

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