Financial Law in the Netherlands

Author: Marcel C. A. Nieuwenhuijzen
Publisher: Kluwer Law International
ISBN: 9041128573
Format: PDF, ePub, Mobi
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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

Author: Bas Jennen
Publisher: Kluwer Law International
ISBN: 9041128638
Format: PDF, ePub, Mobi
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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 tool to have some meaningful insights into the Dutch regulatory landscape.

A Bank s Duty of Care

Author: Danny Busch
Publisher: Bloomsbury Publishing
ISBN: 1509912614
Format: PDF, Docs
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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.

International Investment Law and the Global Financial Architecture

Author: Christian J. Tams
Publisher: Edward Elgar Publishing
ISBN: 1785368885
Format: PDF
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This book explores whether investment law should protect against such regulatory measures, including where these have the support of multilateral institutions. It considers where the line should be drawn between legitimate regulation and undue interference with investor rights and, equally importantly, who draws it.

Labour Law in the Netherlands

Author: A. T. J. M. Jacobs
Publisher: Kluwer Law International
ISBN: 9041122486
Format: PDF, Docs
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The Netherlands is a small but highly densely populated country on the West coast of Europe. Having lost its colonial empire, it is devoid of much weight in foreign politics and the focus of Dutch politics over the last half century has therefore shifted to establishing and maintaining a Welfare State. In doing this, the Dutch frantically try to reconcile a competitive economy with a high degree of social protection. These efforts are made in a continuous process of corporatist bargaining between the Government and the social partners with a view to reaching agreements, often called the Poldermodel. It leads Dutch lawmakers to a never ending fine tuning of the laws of the Welfare State, also in the arena of labour law, in which often remarkable compromises are born, such as the concept of `flexicurity¿. All this made The Netherlands a kind of a `social laboratory¿, anxiously watched by numerous foreign observers, who ¿ in evaluating its products ¿ keep oscillating between `the Dutch disease¿ and `the Dutch miracle¿. This book gives an outline of the actual state of labour law and the laws governing its system of industrial relations in The Netherlands.

Planning and Development Law in the Netherlands An Introduction

Author: F.A.M. Hobma & P. Jong
Publisher: Instituut voor Bouwrecht
ISBN: 9463150129
Format: PDF, Kindle
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‘Planning and Development Law in the Netherlands’ seeks to be an accessible introduction to the extensive field of planning law. The book covers both the ‘planning side’ (the formal system) and the ‘development side’ (including the interrelations between municipalities and developers). It is primarily intended for Dutch and international students. But also researchers and practitioners outside the Netherlands seeking information about Dutch Planning and Development Law may find this a useful introduction to this complex, yet highly relevant field. Fred Hobma and Pieter Jong are lecturers in Planning and ­Development Law.

Research Handbook on Crisis Management in the Banking Sector

Author: Matthias Haentjens
Publisher: Edward Elgar Publishing
ISBN: 1783474238
Format: PDF, ePub, Mobi
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In this timely Handbook, over 30 prominent academics, practitioners and regulators from across the globe provide in-depth insights into an area of law that the recent global financial crisis has placed in the spotlight: bank insolvency law. Research Handbook on Crisis Management in the Banking Sector discusses the rules that govern a bank insolvency from the perspectives of the various parties that are affected by these rules. Thus, whilst many bank insolvency rules have been enacted only recently and their application is still clouded by a host of uncertainties, this book takes the perspectives of the relevant authorities, of the bank and of the bank’s counterparties. Providing a comprehensive approach to crisis management in the banking sector, this Handbook will prove a valuable resource for academics, postgraduate students, practitioners and international policymakers.

Research Handbook on State Aid in the Banking Sector

Author: François-Charles Laprévote
Publisher: Edward Elgar Publishing
ISBN: 178347808X
Format: PDF, ePub, Mobi
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The Research Handbook on State Aid in the Banking Sector brings together experts in state aid and in financial regulation, drawn from legal academia, legal practice, economics, and from the EU and EEA institutions to shed light on this relationship. The editors and expert contributors do this by elucidating key concepts that underpin the application of state aid law to banks, and by considering specific aspects of the interface between state aid and financial regulation. The Handbook's analysis is complemented by a number of key country-based case studies, and by a concluding section which takes stock of the Banking Union’s package of legislative/regulatory reforms and reflects on the possible future role of state aid in this sector.

Renewable Energy Law in the EU

Author: Marjan Peeters
Publisher: Edward Elgar Publishing
ISBN: 1783473193
Format: PDF, Docs
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This timely book examines the role played by regional authorities in the EU in the transition towards renewable energy. Drawing on both academia and practice, the expert contributors explore some of the key legal questions that have emerged along the e