Nikolai de Koning (NL)

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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.

Latest Articles

On 20 March 2019, the Dutch Central Bank (De Nederlandsche Bank, DNB) announced that it has signed the Principles for Responsible Investment (PRI) as part of its new Corporate Social Responsibility (CSR) strategy. By doing so DNB, has committed itself to integrate six environmental, social and governance (ESG) principles in its investment practices. DNB is the first central bank to do this. As an investor in the financial markets, DNB strives to make the economy…
Following an investigation in January 2019, the Netherlands Authority for the Financial Markets (Autoriteit Financiële Markten, the AFM) announced its intention to introduce two national product intervention measures, following the European Securities and Markets Authority’s (ESMA) EU-wide temporary measures relating to binary options and CFDs introduced last year. The investigation has made it clear that there is significant reason for concern about investor protection. The AFM therefore intends to take national measures with regard to…
On 28 February 2019, the Dutch Central Bank (De Nederlandsche Bank, DNB) published a brief update on Brexit. In its new items, DNB emphasis that the risk remains that the United Kingdom leaves the European Union without a political agreement on 29 March 2019 and that financial institutions need to ensure that they are prepared to deal with upcoming (regulatory) challenges. DNB held a survey among insurers, less significant institutions, pension funds and asset…
On 19 February 2019, the Act implementing the revised Payment Services Directive (EU/2015/2366) (PSD2) (Implementatiewet herziene richtlijn betaaldiensten) and the Decree implementing PSD2 (Implementatiebesluit herziene richtlijn betaaldiensten) entered into force in the Netherlands. PSD2 is a directive regulating the payments of consumers and businesses. PSD2 has five primary objectives: promoting competition in the European payments market; improving consumer protection; facilitating innovations in the payments system; strengthening the security of payments; and contributing to a single…
On 12 February 2019, the amendments to the Exemption Regulation AFS (Vrijstellingsregeling Wft, the Exemption Regulation) in relation to the (temporary) exemptions for investment firms based in the UK was published in Dutch Government Gazette (Staatsblad). The date of entry into force of this exemption can now be set by means of a ministerial decree (where necessary retroactively). This means that any registration of UK investment firms is currently still conditional to such ministerial decree in case…
On 29 January 2019, the Dutch Central Bank (De Nederlandsche Bank, DNB) published a final Q&A which provides clarification as to whether warranties typically included in purchase agreements can be considered a non-life insurance (schadeverzekering) policy. According to DNB, a warranty in a purchase agreement in principle does not qualify as non-life insurance if the following three conditions are met. the warranty forms an subordinate part of the purchase agreement (i.e. it has no independent…
On 18 January 2019, the Dutch Minister of Finance (the Minister) sent a letter to the Dutch Parliament (Tweede Kamer) addressing the joint recommendation made by the Netherlands Authority for the Financial Markets (Autoriteit Financiële Markten, AFM) and the Dutch Central Bank (De Nederlandsche Bank, DNB) on on a regulatory framework for cryptos (commonly known as virtual currency or cryptocurrency). The AFM and DNB believe that cryptos bring about significant risks, in particular in the…
On 17 December 2018, the Dutch Minister of Finance (the Minister) sent a letter to the Dutch Parliament on the decision-making progress with regard to the revised EU prudential framework for investment firms. This framework consists of a proposal for a regulation on prudential requirements for investment firms (the Investment Firm Regulation) and a proposal for a directive on prudential supervision of investment firms (the Investment Firm Directive) (together the Proposals). In its letter, the…
On 17 December 2018, the Netherlands Authority for the Financial Markets (Autoriteit Financiële Markten, AFM) published a news item on the outcome of its periodical investigation into investment firms and their compliance with the Act on the prevention of money laundering and financing of terrorism (Wet ter voorkoming van witwassen en financiering van terrorisme, Wwft) and the Sanctions Act 1977 (Sanctiewet 1977, SW). The AFM concluded that the requirements are not always fully complied with,…
On 11 December 2018, the Act amending the Fourth Anti-Money Laundering Directive (Implementatiewet wijziging vierde anti-witwasrichtlijn, the Act) was published for public consultation. The Act will implement the Fifth Anti-Money Laundering Directive (EU/2018/843) (5MLD) into Dutch law, primarily by amending the Act on the prevention of money laundering and financing of terrorism (Wet ter voorkoming van witwassen en financiering van terrorisme). Most provisions of 5MLD will need to be implemented by 10 January 2020. The…