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 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…
On 4 December 2018, the Dutch Senate (Eerste Kamer) adopted the legislative proposal for the Act implementing the revised Payment Services Directive (PSD2, EU/2015/2366) (Implementatiewet herziene richtlijn betaaldiensten, the Implementation Act). The Implementation Act is part of the legislative package implementing PSD2 in the Netherlands. In September of this year the Dutch Minister of Finance announced that the Implementation Act is expected to come into effect as of the end of 2018. View the Implementation
On 16 November 2018, the Dutch Minister of Justice and Security (Minister van Justitie en Veiligheid, the Minister) submitted a legislative proposal to the Dutch Parliament proposing changes to a number of laws and regulations in the Netherlands in preparation for Brexit (the Dutch Brexit Act). The explanatory notes to the Dutch Brexit Act provide that the proposal is a product of an inventory that was carried out to see whether Dutch laws needed to…
On 2 November 2018, the Dutch Minister of Finance (the Minister) sent a letter to the Dutch Senate (Eerste Kamer) containing answers to questions that were raised in relation to the draft legislative proposal of the Act on the recovery and settlement of insurers (Wet herstel en afwikkeling van verzekeraars, the Proposed Act). Amongst other things, the following topics were covered in the letter: the reasons for not implementing an insurance guarantee scheme to protect…
On 29 October 2018, the Netherlands Authority for the Financial Markets (Autoriteit Financiële Markten, AFM) published a report setting out the most important trends and risks in the financial sector (the Report). The primary purpose of the Report is to provide substantive background, depth and coherence in relation to relevant supervisory issues. In the Report, the AFM focuses on three particular trends: Political uncertainty: According to the AFM, Brexit is the largest source of political…
On 10 October 2018, the Netherlands Authority for the Financial Markets (Autoriteit Financiële Markten, AFM) published the following forms in relation to the Money Market Funds Regulation (MMFR) in its Digital Portal: an application form to be used by managers of alternative investment funds (AIFs) and undertakings for collective investment in transferable securities (UCITS) to extend their existing licence so that they may also be permitted to manage Money Market Funds (geldmarktfondsen, MMFs); and a…
On 17 September 2018, the Dutch Minister of Finance (the Minister) sent the legislative proposal for the Decree implementing the revised Payment Services Directive (PSD2) (Implementatiebesluit herziene richtlijn betaaldiensten, the Implementation Decree) to the Dutch Parliament (Tweede Kamer). Amongst other things, the Implementation Decree strengthens the requirements on: authorization as payment institution in the Netherlands; internal governance arrangements in relation to security; and transparency towards customers. Together with the Act implementing PSD2 (Implementatiewet herziene richtlijn…
On 17 July 2018, the Dutch Minister of Finance (the Minister) published a consultation document regarding potential additional remuneration restrictions within the financial sector (the Consultation Document). The purpose of these restrictions is to contribute to the recovery of trust within the financial sector. The Consultation Document invites market participants to provide their input on the following three statutory obligations that are being considered: to claw back part of the fixed remuneration of directors when state…