Importation and Adaptation Act Law on financial supervision

Original Language Title: Invoerings- en aanpassingswet Wet op het financieel toezicht

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Law of 20 November 2006, establishing the Law on the Financial Supervision and Adaptation of Other Laws to that Act (Import and Adaptation Law on Financial Supervision).

We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.

All of them, who will see or hear these, saluut! do know:

In this regard, we have taken the view that it is desirable to arrange for the introduction of the Law on financial supervision and in order to adapt the legislation in this respect;

In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-liked and understood to be right and to be understood as being at the same time:

Chapter 1. Transitional measures

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Section 1. Introductory provisions

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Article 1

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Article 1: 1 of the Financial Supervision Act shall apply mutatis mutandis to this chapter.


Section 2. General provisions

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§ 2.1. Supervisory costs

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Article 2

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The cost of work done by the regulator on the basis of Article 1:40 of the Financial Supervision Act to take account of the work he has carried out in connection with the implementation of his task on the basis of the Financial services law , the Law reporting control and capital interest in security issuers , the Investment Fund Supervision Law , the Control of securities law 1995 , the Law monitoring credit institutions 1992 , the Natura and non-life insurance supervision law and the Supervisory Law 1993 . Under application of the amounts immediately preceding the date of entry into force of the Law on financial supervision In the light of the laws referred to in the preceding sentence, the supervisor shall charge the costs referred to here to undertakings in respect of which such work has been carried out, to the extent that such costs are not borne by the undertaking concerned. State budget.


Article 3

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The second sentence of Article 1:40, 1st paragraph, of the Financial Supervision Act shall apply mutatis mutandis to the costs resulting from Article 2 will be charged.


§ 2.2. Register

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Article 4

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§ 2.3. Monitoring and enforcement

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Article 5

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From the date of entry into force of the Law on financial supervision be subject to supervision of compliance with the rules, set up by and under the Financial services law , the Law reporting control and capital interest in security issuers , the Investment Fund Supervision Law , the Control of securities law 1995 , the Law monitoring credit institutions 1992 , the Natura and non-life insurance supervision law or the Supervisory Law 1993 , responsible for the persons responsible for the Article 1:72 of the Financial Supervision Act Are entrusted with the supervision of compliance with corresponding rules at or pursuant to That Act .


Article 6

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A charge of periodic penalty payment or administrative penalty imposed on the offence of a prescription, imposed on or under the Financial services law , the Law reporting control and capital interest in security issuers , the Investment Fund Supervision Law , the Control of securities law 1995 , the Law monitoring credit institutions 1992 , the Natura and non-life insurance supervision law or the Supervisory Law 1993 , as from the date of entry into force of the Law on financial supervision Designated as a charge under penalty payment or administrative fine as specified in Article 1:79 Other 1:80 of the latter law .


Article 7

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  • 2 On the imposition of an administrative penalty as provided for in paragraph 1, the duty applicable shall continue to apply before the date of entry into force of the Law on financial supervision .


Article 8

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  • 2 The disclosure referred to in paragraph 1 shall continue to be subject to the duty applicable to the date of entry into force of the Law on financial supervision .


Article 9

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A designation given in respect of a breach of a prescription imposed on or under the Financial services law , the Law reporting control and capital interest in security issuers , the Investment Fund Supervision Law , the Control of securities law 1995 , the Law monitoring credit institutions 1992 , the Natura and non-life insurance supervision law or the Supervisory Law 1993 , as from the date of entry into force of the Law on financial supervision Designated as a designation in the form of a Article 1:75 of the latter law .


Article 10

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  • 2 To the designation referred to in paragraph 1, the right shall remain applicable before the date of entry into force of the Law on financial supervision .


Article 11

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A decision on the basis of the Financial services law , the Investment Fund Supervision Law , the Control of securities law 1995 , the Law monitoring credit institutions 1992 , the Natura and non-life insurance supervision law or the Supervisory Law 1993 that, from a certain point of view, all or certain organs or representatives of a financial undertaking may exercise their powers only after the approval of one or more persons appointed by the supervisor, and compliance with the orders of these persons, shall be considered as from the date of entry into force of the Law on financial supervision Designated as a decision to be taken into account Article 1:76 of the latter law .


Article 12

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  • 2 The right of a liquidator referred to in paragraph 1 shall remain the duty applicable to the date of entry into force of the Law on financial supervision .


§ 2.4. Confidentiality and publication capabilities

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Article 13

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From the date of entry into force of the Law on financial supervision is Section 1.5.1 of that Act applicable, mutatis mutandis, to data and information provided or obtained by reason of the Financial services law , the Law reporting control and capital interest in security issuers , the Investment Fund Supervision Law , the Control of securities law 1995 , the Law monitoring credit institutions 1992 , the Natura and non-life insurance supervision law or the Supervisory Law 1993 .


Article 14

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The supervisor may apply from the date of entry into force of the Law on financial supervision issue a public alert, stating, where appropriate, the considerations that led to that warning, relevant to the facts. Articles 85 of the Financial Services Act , 33n of the Investment Institutions Supervision Act , 48n of the Securities Control Act 1995 , 90n of the Law Supervision of Credit 1992 , 93n of the in-service Insurance Supervision Act and 188n of the Insurance Act 1993 In so far as these facts are also a violation of the Law on financial supervision will provide.


§ 2.5. Special measures

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Article 15

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At one before the date of entry into force of the Law on financial supervision issued a certificate issued by a court, including the institution of the emergency procedure, intended to Chapter X of the Law Supervision of Credit 1992 , Chapter 8 of the Health Supervision Supervision Act or Chapter IX of the Insurance Supervision Act 1993 , the applicable law shall remain applicable to that date.


Article 16

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On the handling of an emergency rule or a declaration of bankruptcy of a credit institution or insurer, which has been set out for the date of entry into force of the Law on financial supervision In the event of the adoption of the emergency procedure, it shall remain subject to the right of application of the declaration of bankruptcy.


Article 16a

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A declaration of a bankruptcy of a credit institution or insurer, or of a request or proposal made on or after 1 January 2007, of a credit institution or of a credit institution which has been declared or after that date or insurer with respect to which, prior to the date of entry into force of the Law on financial supervision an emergency procedure has been issued on the basis of Article 71 of the Credit Supervision Act 1992 , Article 66 of the Health Insurance Supervision Act Other Article 156 Law on insurance 1993 , is the Bankruptcy Act applicable at the time of the request or nomination.


Article 17

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A life insurer, cash-out insurer or non-life insurer which at the time of the entry into force of the Law on financial supervision due to the Natura and non-life insurance supervision law , Supervisory Law 1993 whether the Law Supervision Act is required to settle its business or its relevant part is subject to the provisions of the Act during the settlement. Law on financial supervision .


§ 2.6. Verification of reliability and expertise

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Article 18

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If the supervisor has established the reliability of a person who determines or co-determines the daily policy of a financial undertaking or of a person part of a body entrusted with the supervision of the policy and the general course of business of a financial firm for the application of the Financial services law , the Investment Fund Supervision Law , the Control of securities law 1995 , the Law monitoring credit institutions 1992 , the Natura and non-life insurance supervision law or the Supervisory Law 1993 , as from the date of entry into force of the Law on financial supervision the reliability of that person is deemed to be beyond doubt for the purposes of the latter law .


Article 19

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If the expertise of a person who determines the daily policy of a financial firm or of a person who is part of a body entrusted with supervision of policy and general practice within a financial firm. financial undertaking is considered sufficient for the purposes of the application of the Financial services law , the Investment Fund Supervision Law , the Control of securities law 1995 , the Law monitoring credit institutions 1992 , the Natura and non-life insurance supervision law or the Supervisory Law 1993 , as from the date of entry into force of the Law on financial supervision that person is deemed to be expert within the meaning of corresponding provisions in the latter law .


§ 2.7. Investor compensation scheme and deposit guarantee scheme

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Article 20

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If before the date of entry into force of the Law on financial supervision the payment authority of a financial undertaking has been established under the investor compensation scheme agreed by the Netherlands Bank and a number of representative organisations on the basis of the investor compensation scheme agreed on 21 September 1998 and on 23 May 2003; Universally applicable to Royal Decree of 29 January 2004 On the basis of the Collective Guarantee scheme of credit institutions for Reimbursable Funds and Investments of 17 September 1998, declared universally applicable by Royal Decree of 29 January 2004, the settlement of receivations on that financial undertaking that system, which applies to the scheme, is applicable.


§ 2.8. Competent Court

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Article 21

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In respect of appeals against decisions taken on the basis of the Financial services law , the Law reporting control and capital interest in security issuers , the Investment Fund Supervision Law , the Control of securities law 1995 , the Law monitoring credit institutions 1992 , the Natura and non-life insurance supervision law and the Supervisory Law 1993 is from the date of entry into force of the Law on financial supervision Article 1:110 of the latter Act applicable mutatis mutandis.


§ 2.9. Rules and restrictions

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Article 22

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Requirements relating to and limitations imposed on a licence or waiver granted under the conditions of a Financial services law , the Investment Fund Supervision Law , the Control of securities law 1995 , the Law monitoring credit institutions 1992 , the Natura and non-life insurance supervision law or the Supervisory Law 1993 be based from the date of entry into force of the Law on financial supervision On Article 1:102, second paragraph, of the latter law .


Section 3. Financial services law

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§ 3.1. Licences

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Article 23

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Article 24

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§ 3.2. Exemptions

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Article 25

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Article 26

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Article 27

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Other than the Article 26 Referred to as waivers granted on the basis of the Financial services law shall apply from the date of entry into force of the Law on financial supervision as waivers of corresponding requirements in the latter law for a period not exceeding one year.


§ 3.3. Prohibitions

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Article 28

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A prohibition imposed on a financial services provider on the basis of Article 21, first paragraph, of the Financial Services Act shall become effective from the date of entry into force of the Law on financial supervision Designated as a prohibition in the form of a Article 4:4, first paragraph, of the latter law .


§ 3.4. Notification

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Article 29

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A communication made on the basis of Article 25, first paragraph, of the Financial Services Act by a financial undertaking with a registered office in the Netherlands, which is mediating, in an insurance or reinsurance business, from a branch located in another Member State or through the provision of services to another Member State; lies from the date of entry into force of the Law on financial supervision On Article 2:125, first paragraph , below Article 2:126, first paragraph, of the latter law .


Article 30

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It is a financial undertaking with a seat in another Member State, which at the time of the entry into force of the Law on financial supervision from a branch located in the Netherlands or through the provision of services to the Netherlands in the form of a reinsurance intermediary, authorised for a period of six months from the date of the entry into force of the That Act without communication as referred to in Article 2:84, first paragraph , below 2:90, 1st Member , her work to continue.


§ 3.5. Other

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Article 31

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  • 2 The Authority decides on financial markets within 12 months of the date of entry into force of the Regulation. Financial services law on the application, referred to in the first paragraph. In the case of an arrangement by our Minister, this period may be extended by a maximum of six months for a maximum period of six months. The Financial Market Authority applies the application to the Law on financial supervision -

  • 3 The financial services provider referred to in paragraph 1 shall be entered in the register as an applicant for the purposes of the first paragraph as referred to in paragraph 1. Article 1:107, 1st paragraph, of the Financial Supervision Act . The Financial Market Authority shall pass this invitation to tender as soon as it has decided on the application.

  • 4 With respect to a financial service provider which is allowed to continue its business without a licence as referred to in the first paragraph, Article 25 of the Law on Taxation of Legal Service as it was before 31 December 2005, applicable until the entry on the ground of the third paragraph has been passed on.

  • 5 If the Authority has rejected the application for a licence or exemption referred to in paragraph 1, Financial Markets, the financial services provider shall be entitled to settle its business without a licence or waiver. The Financial Market Authority may set a time limit for the settlement. The Financial Market Authority may provide the financial services provider with rules on settlement in order to ensure the adequate functioning of the financial markets or the position of consumers in those markets.

  • 6 In the case of and under the Part Behavior control financial undertakings of the Law on financial supervision it shall apply mutatis mutandis to financial service providers which may continue their activities under the first paragraph, and on financial service providers which may be allowed to settle their holdings under the fifth paragraph.


Article 32

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Article 4:30a, 1st member, of the Financial Supervision Act shall not apply to providers of investment objects, to the extent that they manage or carry out or assist investment objects agreements entered into before 1 January 2006.


Section 4. Investment Fund Supervision Law

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§ 4.1. Licences

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Article 33

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Article 34

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An investment firm which had a licence as referred to in Article 2 (1) of the EC Treaty Article 4 of the Law Monitoring Investment Institutions like this Article Prior to that time, its activity may continue in accordance with the existing authorisation, if the manager of that investment establishment has applied for a licence as referred to in point (a) of this Regulation by the management of that investment establishment before 2 March 2006. Article 4 of that Act like this Article was immediately prior to that time, until the moment irrevocably on the request has been decided. The authorisation and the rules and restrictions attached thereto shall be governed by the Investment Fund Supervision Law as it was in effect immediately prior to 1 September 2005.


Article 35

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The Articles 2:67, second paragraph , 2:68, second member and 2:69, 1st member, of the Financial Supervision Act referred to as the managers and investment companies to which a licence as referred to in Article 1 is authorised before 1 Article 4 of the Law Monitoring Investment Institutions was granted, on the basis of that licence, they may continue their work until 14 February 2007. A permit granted before 1 September 2005 and the conditions attached to that authorisation shall, until such time as the authorisation is granted, be granted on the basis of Article 2:68 of the Financial Supervision Act , controlled by the Investment Fund Supervision Law as it was directly prior to 1 September 2005, except that in relation to information Article 4:61 of the Financial Supervision Act is applicable.


§ 4.2. Exemptions

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Article 36

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A waiver granted on the basis of Article 14a, first paragraph, of the Investment Institutions Supervision Act lies from the date of entry into force of the Law on financial supervision On Article 2:65, third member, of the latter law .


Article 37

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Article 38

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Other than the Article 37 Referred to as waivers granted on the basis of the Investment Fund Supervision Law shall apply from the date of entry into force of the Law on financial supervision as waivers of corresponding requirements in the latter law for a period not exceeding one year.


§ 4.3. Statement of no objection

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Article 39

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A declaration of no objection issued on the basis of Article 12, 10th paragraph of the Investment Institutions Supervision Act lies from the date of entry into force of the Law on financial supervision On Article 3:100 of the latter Act .


§ 4.4. Notification

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Article 40

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A communication made on the basis of Article 17a, first paragraph, of the Investment Institutions Supervision Act by an administrator of an undertaking for collective investment in transferable securities with a seat in another Member State which intends to apply in the Netherlands by way of provision of services or from a branch of units in that institution provide, based on the time of entry into force of the Law on financial supervision On Article 2:72, first paragraph , below Article 2:70, first paragraph, of the latter law .


Article 41

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A communication made on the basis of Article 17c, second paragraph, of the Investment Institutions Supervision Act by an investment firm with a seat in a designated State as specified in the First paragraph of that Article , is based on the date of entry into force of the Law on financial supervision On Article 2:73, first paragraph, of the latter law .


§ 4.5. Other

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Article 42

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A ban on the grounds of Article 17c, third paragraph, of the Investment Institutions Supervision Act has been imposed, based on the date of entry into force of the Law on financial supervision On Article 4:4, first paragraph, of the latter law .


Article 43

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A decision issued on the basis of Article 21a of the Investment Fund Supervision Act , is based on the date of entry into force of the Law on financial supervision On Article 1:78, first paragraph, of the latter law .


Section 5. Control of securities law 1995

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§ 5.1. Licences

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Article 44

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Article 45

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§ 5.2. Exemptions

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Article 46

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The prohibition, intended to Article 5: 2 of the Financial Supervision Act , from the date of entry into force of that Act for a period of not more than one year, shall not apply to those to whom a waiver has been granted on the basis of Article 4, first paragraph, of the Securities Control Act 1995 .


Article 47

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A waiver granted on the basis of Article 25, first paragraph, of the Securities Control Act 1995 lies from the date of entry into force of the Law on financial supervision On Article 5:27, second paragraph, of the latter law .


Article 48

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Article 49

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Other than the Article 48 Referred to as waivers granted on the basis of the Control of securities law 1995 shall apply from the date of entry into force of the Law on financial supervision as waivers of corresponding requirements in the latter Act for a period of up to one year.


§ 5.3. Statement of no objection

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Article 50

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Article 51

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Article 52

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If before the date of entry into force of the Law on financial supervision on the basis of Article 16 of the Securities Control Act 1995 an application for a declaration of no objection has been submitted to which the Authority has not yet decided at that time, a decision shall be taken by the Authority Financial Markets in accordance with the relevant provisions of the Financial Regulation. Provisions of the the latter law .


§ 5.4. Notification

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Article 53

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§ 5.5. Prospectus approval

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Article 54

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A decision approving a prospectus on the basis of Article 3, second or third paragraph, of the Securities Control Act 1995 lies from the date of entry into force of the Law on financial supervision On Article 5:9, first paragraph 2, of the latter law .


§ 5.6. Recognition of a market in financial instruments

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Article 55

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A recognition on the basis of Article 22, second paragraph, of the Securities Control Act 1995 lies from the date of entry into force of the Law on financial supervision On Article 5:26, second paragraph, of the latter law .


§ 5.7. Other

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Article 56

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A decision issued on the basis of Article 28 (b) of the Securities Control Act 1995 lies from the date of entry into force of the Law on financial supervision On Article 1:78, first paragraph, of the latter law .


Section 6. Law monitoring credit institutions 1992

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§ 6.1. Licences

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Article 57

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Article 58

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Article 59

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A financial undertaking that is at the time when Article 112a of the Credit Supervision Act 1992 has entered into force, in the Netherlands exercising the business of an electronic money institution, is to be used from the date of entry into force of the Law on financial supervision be deemed to have been authorised to be authorised to 2:11, first paragraph, of the latter law .


§ 6.2. Exemptions

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Article 60

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§ 6.3. Exemptions

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Article 61

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Article 62

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A waiver granted on the basis of Article 83, fourth paragraph, of the Credit Supervision Act 1992 lies from the date of entry into force of the Law on financial supervision On Article 3:7, fourth paragraph, of the latter law .


Article 63

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A waiver granted on the basis of Article 42 of the Credit Supervision Act 1992 lies from the date of entry into force of the Law on financial supervision On Article 3:5, fourth paragraph, of the latter law .


Article 64

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A waiver granted on the basis of Article 31, fifth paragraph, of the Credit Supervision Act 1992 shall become effective from the date of entry into force of the Law on financial supervision The following shall be considered as the communication, Article 2:15, second paragraph, of the latter law .


Article 65

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§ 6.4. Notification

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Article 66

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A notification made on the basis of Article 17, first paragraph, of the Credit Supervision Act 1992 by a credit institution which has a registered office in the Netherlands, based on the date of entry into force of the Law on financial supervision On Article 2:110, first paragraph, of the latter law .


Article 67

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A notification as referred to in Article 31, first paragraph, of the Credit Supervision Act 1992 that has been done by a supervisory authority of another Member State, shall be issued from the date of entry into force of the Law on financial supervision The following shall be considered as the communication, Article 2:14, first paragraph, of the latter law .


Article 68

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A notification made on the basis of Article 32, first paragraph, of the Credit Supervision Act 1992 by a bank with a seat in another Member State, based on the date of entry into force of the Law on financial supervision On Article 2:18, first paragraph, of the latter law .


Article 69

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A notification made on the basis of Article 32a of the Credit Supervision Act 1992 by an electronic money institution with a seat in another Member State, based on the date of entry into force of the Law on financial supervision On Article 2:19 of the latter Act .


Article 70

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A communication made on the basis of Article 48, third paragraph, of the Credit Supervision Act 1992 , as from the date of entry into force of the Law on financial supervision The agreement shall be deemed to have been Article 2:112, first paragraph, of the latter law .


Article 71

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A bank with a seat in another Member State which at the time of the entry into force of the Law on financial supervision for the acquisition of funds by way of service in the Netherlands on the basis of Article 115 of the Credit Supervision Act 1992 is deemed to have a waiver under the terms of Article 82 of that Act and that of the supervisory authority in the other Member State has a licence required for the exercise of the holding of a bank, is deemed to have been fulfilled Article 2:18, 1st paragraph, of the Financial Supervision Act .


Article 72

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A financial undertaking with a seat in another Member State, which exercises the holding of an electronic money institution in the Netherlands by means of a branch or the provision of services in the Netherlands on 1 July 2002, shall be made from the date of its entry into office. enter into force of Law on financial supervision be deemed to have complied with Article 2:14, first paragraph , below 2:19, first paragraph, of the latter law .


§ 6.5. Statement of no objection

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Article 73

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A declaration of no objection issued on the basis of Article 26, first paragraph, of the Credit Supervision Act 1992 for an act as referred to in Article 23, first paragraph , or 24, first paragraph, of that law , is based on the date of entry into force of the Law on financial supervision On Article 3:97, first paragraph , Article 3:100 , below Article 3:101 of the latter Act .


Article 74

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Article 75

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A declaration of no objection within the meaning of Article 23 or 24 of the Credit Supervision Act 1992 which was granted before 15 September 2004, shall be released from the date of entry into force of the Law on financial supervision be deemed to have been granted for an investee up to the next upper limit of 20, 33, 50 or 100 per cent, unless:


§ 6.6. Other

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Article 76

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A decision taken on the basis of Article 12 of the Credit Supervision Act 1992 lies from the date of entry into force of the Law on financial supervision On Article 3:111, second paragraph, of the latter law .


Article 77

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A decision issued on the basis of Article 14a of the Credit Supervision Act 1992 , is based on the date of entry into force of the Law on financial supervision On Article 1:78, first paragraph, of the latter law .


Article 78

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A statement of underoversight issued on the basis of Article 45, first paragraph, of the Credit Supervision Act 1992 lies from the date of entry into force of the Law on financial supervision On Article 3:110, first paragraph, of the latter law .


Article 79

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A decision issued on the basis of Article 55, third paragraph, of the Credit Supervision Act 1992 , is based on the date of entry into force of the Law on financial supervision On Article 3:72, sixth paragraph, of the latter law .


Section 7. Natura and non-life insurance supervision law

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§ 7.1. Authorisation

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Article 80

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An authorisation granted on the basis of Article 14 of the Health Insurance Supervision Law lies from the date of entry into force of the Law on financial supervision On Article 2:49 of the latter Act .


§ 7.2. Exemptions

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Article 81

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A waiver granted on the basis of Article 36, second paragraph, of the Health Insurance Supervision Law lies from the date of entry into force of the Law on financial supervision on Article 2:165, third member, of the latter law .


Article 82

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§ 7.3. Statement of no objection

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Article 83

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A declaration of no objection issued on the basis of Article 84, first paragraph, of the Health Insurance Supervision Law lies from the date of entry into force of the Law on financial supervision On Article 3:97, first paragraph , or Article 3:100 of the latter Act .


Article 84

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A declaration of no objection within the meaning of Article 82 of the Health Insurance Supervision Law which was granted before 15 September 2004, shall be released from the date of entry into force of the Law on financial supervision be deemed to have been granted for an investee up to the next upper limit of 20, 33, 50 or 100 per cent, unless:


§ 7.4. Notification

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Article 85

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A consent decision which has been given on the basis of Article 40a, fifth paragraph, of the in-service Insurance Supervision Act , as from the date of entry into force of the Law on financial supervision The agreement shall be deemed to have been Article 2:121, first paragraph, of the latter law .


Article 86

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A production of documents based on Article 49, second paragraph, of the Health Insurance Supervision Law by a cash-out insurer with a seat outside the Netherlands, from the date of entry into force of the Law on financial supervision Designated as the notification provided in Article 2:54, first paragraph, of the latter law .


§ 7.5. Other

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Article 87

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A decision issued on the basis of Article 51, second paragraph, of the Health Insurance Supervision Law lies from the date of entry into force of the Law on financial supervision On Article 1:67, first paragraph, of the latter law .


Article 88

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Article 89

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In respect of the kind of benefits insurance contracts concluded with a mutual guarantee company before 26 July 1976, from which rights and obligations have been or will be transferred after 31 December 1995, Article 62, introductory sentence and part a, of Book 2 of the Civil Code of the transfer, by way of derogation from Article 47, second paragraph, of the Transitional Law for the New Civil Code .


Article 90

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In cases where the bankruptcy certificate of a kind insurer has been declared before 1 January 1996, the provisions applicable before that date shall remain on the bankruptcy and on the liquidation or transfer of undertakings.


Section 8. Supervisory Law 1993

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§ 8.1. Authorisation

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Article 91

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An authorisation granted on the basis of Article 27, first paragraph, of the Insurance Company Law 1993 lies from the date of entry into force of the Law on financial supervision On Article 2:31, first paragraph , in so far as the authorisation has been granted to a person having a seat in the Netherlands for the holding of life insurer or non-life insurer, 2:37, 1st Member In so far as the authorization is granted to a person having a seat in another Member State from a branch situated in the Netherlands from the holding of a life insurer or a non-life insurer or on the basis of a Article 2:41, first paragraph, of the latter law , in so far as the authorisation is granted to a person having a registered office in a State which is not a Member State for the business of the life insurer or the non-life insurer from a branch in the Netherlands.


Article 92

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Article 93

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  • 1 By life insurers and non-life insurers, who, on 20 March 2002, had a licence to exercise the life insurance business for non-life business, until 20 March 2007, it remains at or under the Articles 68 or 69 of the Insurance Supervision Act 1993 certain of the application as it was in force on 30 November 2003.

  • 2 If an insurer referred to in the first paragraph on 20 March 2007 does not fully comply with or pursuant to the Articles 68 or 96 of the Law Supervision Act 1993 provided that, for that date, the Netherlands Bank may grant an additional period of no more than two years, provided that the insurer, before that date, has the measures it intends to take to achieve the required solvency margin in accordance with the conditions laid down in Article 3 (1) of the Treaty. Article 138 or No 144 of the Insurance Supervision Act 1993 has been submitted to the Netherlands Bank for authorisation and has granted it.


§ 8.2. Exemptions

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Article 94

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Article 95

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A waiver granted on the basis of Article 13 (6) of the Insurance Supervision Act 1993 remains from the date of entry into force of the Law on financial supervision valid for a maximum period of one year.


§ 8.3. Statement of no objection

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Article 96

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A declaration of no objection issued on the basis of Article 176, first paragraph, of the Insurance Supervision Act 1993 lies from the date of entry into force of the Law on financial supervision On Article 3:97, second paragraph, of that law -to the extent that the declaration of no objection has been granted for an act of the kind referred to in the First Member of the latter article , or Article 3:100 of the Law on Financial Supervision , in so far as the declaration of no objection has been granted in respect of an act as referred to in Article 3:95, first paragraph, of that law .


Article 97

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Article 98

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A declaration of no objection within the meaning of Article 175 of the Insurance Supervision Act 1993 which is granted before 15 September 2004, shall be issued from the date of entry into force of the Law on financial supervision be deemed to have been granted for an investee up to the next upper limit of 20, 33, 50 or 100 per cent, unless:


§ 8.4. Notification

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Article 99

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A communication made on the basis of Article 111, first paragraph , or Article 113, first paragraph, of the Insurance Supervision Act 1993 by a life insurer or a non-life insurer having its registered office in another Member State, is based on the date of entry into force of the Law on financial supervision On Article 2:34, first paragraph, of the latter law .


Article 100

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A communication made on the basis of Article 50g, 50m, 50t or 50z of the Supervision of Insurance Law By a non-life insurer or a life insurer having its registered office in another Member State, it shall be based on the date of entry into force of the Law on financial supervision On Article 2:34, first paragraph, of the latter law .


Article 101

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A communication made on the basis of Article 116, first paragraph, of the Insurance Supervision Act 1993 By a life insurer or a non-life insurer with a seat in a non-Member State, it shall be based on the date of entry into force of the Law on financial supervision On Article 2:46, first paragraph, of the latter law .


Article 102

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A communication made on the basis of Article 118, first paragraph, of the Insurance Supervision Act 1993 By a life insurer or a non-life insurer with a seat in a non-Member State, it shall be based on the date of entry into force of the Law on financial supervision On Article 2:45, first paragraph, of the latter law .


§ 8.5. Other

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Article 103

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A statement issued on the basis of Article 49, first paragraph, of the Insurance Supervision Act 1993 shall become effective from the date of entry into force of the Law on financial supervision Qualified as a waiver on the basis of Article 3:60, first paragraph, of the latter law .


Article 104

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An authority granted on the basis of Article 147e (1st paragraph) of the Insurance Act 1993 lies from the date of entry into force of the Law on financial supervision On Article 3:154, first paragraph, of the latter law .


Article 105

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Article 106

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A decision taken on the basis of one of the articles of the Supervision of Insurance Law , mentioned in column A, shall be used as from the date of entry into force of the Law on financial supervision The following shall be regarded as a decision within the meaning of the Article of the Article of the Law on financial supervision .

A.

Supervision of Insurance Law

9 B.

Law on financial supervision

17, fourth paragraph (derogation from Article 17, second paragraph )

3:15. Third Member

17, fourth paragraph (derogation from Article 17, third paragraph )

3:19 3rd member

24 in conjunction with 22, fourth member

3:47, 4th Member
25, 1st Member 3:60, 1st Member
26, fifth paragraph 4:70, eighth member
27, second paragraph 3:70

29g, second member

1:59, second member
34

1:75 and 1:76

35a, second member

2:165 and 2:166

37, fifth paragraph 3:67, fifth paragraph
42, fifth member 3:68, 4th Member

Fifteenth, 10th Member

4:71, 6th Member

50k, second member

1:58, second member (non-life insurer with a seat in another Member State), 1:66, second member (non-life insurer with a seat in a State not a Member State), 1:75 (in respect of the rules on acquisition)

50o, 1st Member

1:58, second member (non-life insurer with a seat in another Member State), 1:66, second member (non-life insurer with a seat in a State not a Member State), 1:75 (in respect of the rules on acquisition)

50x, second member

1:58, second member (life insurer with a seat in another Member State), 1:66, second member (life insurer with a seat in a State which is not a Member State), 1:75 (in respect of the rules on acquisition)

50bb, 1st Member

1:58, second member (life insurer with a seat in another Member State), 1:66, second member (life insurer with a seat in a State which is not a Member State), 1:75 (in respect of the rules on acquisition)

53c, fourth member

3:119, 4th member
54, 1st Member

3:140, 2nd Member (life insurer or non-life insurer with a seat in another Member State), 3:141, 1st Member (life insurer or non-life insurer with a seat in a State not a Member State)

54, third member 3:140, 1st Member
55, 1st Member

3:136, 1st Member (insurer with a registered office in the Netherlands); 3:142 (life insurer or non-life insurer with a seat in a State not a Member State)

55, second paragraph

3:136 second member (insurer with a registered office in the Netherlands); 3:142 (life insurer or non-life insurer with a seat in a State not a Member State)

57, 1st Member

3:138, 1st member (insurer with a registered office in the Netherlands); 3:144, 1st Member (life insurer or non-life insurer with a seat in a State not a Member State)

83, fifth paragraph 4:20

Article 107

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  • 1 Provisions adopted on 4 December 1985 and which were in breach of Article 13, fourth paragraph, introductory wording and part a, points (3), (b) and (c), (d) (2), and (2) (2) of the Insurance Act 1993 like this law before the entry into force of the Law on financial supervision may continue to the extent that:

    • (a) They have led to contracts of pension insurance concluded on 19 December 1987;

    • (b) having managed, after 19 December 1987, or to increase or extend pension insurance as referred to in subparagraph (a), provided that the fund, undertaking or pension institution is responsible for that purpose under the conditions of such insurance or pension insurance; the provision, as it was held on 19 December 1987, was, or is, to be provided;

    • (c) have, during the period from 19 December 1987 to 18 June 1988, led to new arrangements for pension insurance, including the increase or extension of such insurance, to the conclusion of which the Fund, the undertaking or the undertaking Pension institution was held.

  • 2 Acts which are permitted under paragraph 1 shall not be considered to be the exercise of the business of life insurer or non-life insurer.


Article 108

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As regards non-life insurance or life insurance contracts concluded by a mutual guarantee company, before 26 July 1976, from which rights and obligations have been or will be transferred after 1 January 1994, Article 62, introductory sentence and part a, of Book 2 of the Civil Code of the transfer, by way of derogation from Article 47, second paragraph, of the Transitional Law for the New Civil Code .


Article 109

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The Articles 85 , 86 , 86a , 86b , 88 and 89 of Book 2 of the Civil Code shall apply mutatis mutandis to the use of and a pledge of shares in the guarantee capital of a mutual guarantee company established before 1 January 1986.


Section 9. Clearing houses

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Article 110

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  • 1 It is a financial undertaking with a seat in the Netherlands, other than a bank, which at the time of the entry into force of the Law on financial supervision in the Netherlands undertaking the holding of a clearing house, authorised without authorisation to continue its business, if it complies with the fourth paragraph.

  • 2 It is a financial undertaking with a seat outside the Netherlands, other than a bank with a registered office in another Member State, or a clearing house with a seat in a State designated by Our Minister under Article 2:6, 2nd paragraph, of the Financial Supervision Act , which at the time of the entry into force of That Act the holding of clearing house in the Netherlands exercises from a branch situated in the Netherlands, authorised without authorisation to continue its work, if it complies with the fifth paragraph.

  • 3 It is a financial undertaking with a seat outside the Netherlands, other than a bank with a registered office in another Member State, or a clearing house with a seat in a State designated by Our Minister under Article 2:8, 2nd paragraph, of the Financial Supervision Act , which at the time of the entry into force of That Act the business of clearing house exercises by means of the provision of services to the Netherlands, authorised without having fulfilled its obligations Article 2:8, first paragraph, of that Act to pursue its work, if it complies with the sixth paragraph.

  • 5 The financial undertaking referred to in paragraph 2 shall apply within one month from the date of entry into force of the Law on financial supervision a licence to the Bank of Nederlandsche Bank and transmitted to the Netherlands Bank within six months from that date to the Netherlands Bank of the data referred to in Article 2:7, second paragraph, of that Act .

  • 7 The first and second paragraphs shall apply to the financial undertaking referred to therein until such time as the Netherlands Bank has decided on its application for authorisation.

  • 9 The Netherlands Bank shall decide within 12 months from the date of entry into force of the Law on financial supervision on an application as referred to in the first and second paragraphs. Under ministerial arrangements, this period may be extended twice for a maximum period of half a year.

  • 11 The financial undertaking which has applied for a licence under the fourth or fifth paragraph shall be entered as the applicant in the register provided for in Article 1:107, from the Financial Supervision Act . De Nederlandsche Bank shall pass this invitation to tender as soon as it has decided on the application.

  • 12 The financial undertaking notified under the sixth paragraph to the Netherlands Bank shall be entered in the register, which shall be as set out in Annex II. Article 1:107, from the Financial Supervision Act , as an undertaking notified to the Netherlands Bank of the intention to carry out the business of clearing house by means of provision of services to the Netherlands. The Netherlands Bank shall pass this invitation to tender as soon as it has decided that it has been complied with. Article 2: 8 of the Law on Financial Supervision .


Article 111

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  • 1 It is a financial institution, other than a bank, with a seat in a State which is designated by Article 2:6, 2nd paragraph, of the Financial Supervision Act , which at the time of the entry into force of the Law on financial supervision from a branch located in the Netherlands or through the provision of services to the Netherlands the holding of a clearing house is permitted to continue its work, subject to the condition that it will be gives knowledge of the continuation of the process to the Netherlands Bank.

  • 2 The financial undertaking may continue to carry out its work through the provision of services to the Netherlands after the notification has been made unless the Netherlands Bank informs that the continuation or mode of exercise in the Netherlands is not battle is with the Law on financial supervision .

  • 3 If the Nederlandsche Bank has received a notification as referred to in paragraph 1, it shall immediately communicate this receipt to the clearing institution concerned.

  • 4 The Nederlandsche Bank may, within two months of receipt of the notification, inform the clearing house of the conditions to be complied with by the clearing house for reasons of general interest in the exercise of its business. from the branch located in the Netherlands.


Section 10. Guarantee funds and guarantee funds

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Article 111a

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  • 1 The prohibition, intended to Article 3:6, 1st paragraph, of the Financial Supervision Act does not apply to the person who is at the time when That Act If, within two months of that date, the guarantee or guarantee fund is applied, it shall act as a guarantee fund or guarantee fund, and to the extent that the Nederlandsche Bank does not yet have to comply with the provisions of this Regulation. that application has decided.

  • 2 De Nederlandsche Bank shall decide within 12 months of the date of entry into force of the Law on financial supervision on the request. Under ministerial arrangements, this period may be extended twice for a maximum period of six months.

Chapter 2. Amendment of other laws

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§ 1. Ministry of the Interior and Kingdom Relations

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Article 112

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Change the 1985 Fire Act.]

Article 113

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Change the Law Impact Privatization ABP for the staff of the Royal Court attitude.]

Article 114

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§ 2. Ministry of Foreign Affairs

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Article 115

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§ 3. Ministry of Economic Affairs

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Article 116

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Article 117

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Article 118

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Article 119

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Article 120

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§ 4. Ministry of Finance

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Article 121

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Article 122

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Article 123

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Article 124

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Article 125

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Article 126

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Article 127

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Article 128

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Article 129

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Article 130

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Modises the Money Transaction Offices Act.]

Article 131

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Article 132

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Article 133

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Article 134

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Article 135

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Article 135a

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Article 136

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Article 137

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§ 5. Ministry of Justice

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Article 138

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Article 139

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Article 140

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Article 141

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Article 142

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Article 143

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Article 144

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Modises the Motor Vehicle Liability Insurance Act.]

Article 145

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Article 146

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Article 147

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Article 148

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Article 149

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Article 150

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Article 151

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Article 152

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Article 153

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Article 154

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Article 155

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§ 6. Ministry of Agriculture, Nature and Food Quality

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Article 156

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Article 157

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§ 7. Ministry of Social Affairs and Employment

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Article 158

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Article 159

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Article 160 [ Verfalls per 01-01-2007]

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Article 161

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Article 162

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Article 163

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Article 164

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Article 165

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§ 8. Ministry of Health, Welfare and Sport

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Article 166

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Article 167

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Article 168

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Article 169

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Chapter 3. Final provisions

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Article 170

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Article 171

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Article 172

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Article 173

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Expired.


Article 174

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Article 175

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Article 175a

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Article 5:86 of the Financial Supervision Act shall apply from the date of commencement of the financial year at or after the date of entry into force of the That Act .


Article 176

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  • 1 In the case of ministerial arrangements, where necessary for the introduction of the Law on financial supervision or of this law and, if necessary, by way of derogation from this Act, temporary provisions shall be applied.

  • 2 Following the placing in the Official Journal of a ministerial arrangement adopted pursuant to paragraph 1, a draft law regulating the subject in question shall be submitted to the States General as soon as possible. If the proposal is withdrawn or if either of the Chambers of the States-General decides not to adopt the proposal, the ministerial arrangement shall be withdrawn without delay. If the proposal is raised to law, then the ministerial arrangement shall be revoked at the time of entry into force of that law.


Article 177

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Our Minister, for the award of this law in the Official Gazette, brings the references in this law to articles from the Law on financial supervision in accordance with the provisions of Article 7: 1 of that Act redefined numbering.


Article 178

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The Act of 6 December 1999 laying down provisions for the indemnity of credit institutions and other financial institutions against liability in respect of measures related to the closure of payment and securities settlement systems at 31 December 1999 1999 (Stb. 589), the Financial services law , the Law reporting control and capital interest in security issuers , the Investment Fund Supervision Law , the Control of securities law 1995 , except for the specific case of, or under the conditions of Articles 1, parts a, e, n, o and p , 2 , 5a , except that 'Article 5' is replaced by 'Article 5'. Article 5:24 of the Law on Financial Supervision ', 6a The term 'market in financial instruments of which the holder has a recognition as referred to in Article 22' shall be understood as 'the market in financial instruments of which the holder has an approval', Article 5:26, 1st paragraph, of the Financial Supervision Act ', 6b, 6c, 28, first to third members , 29, first paragraph, part o, second and third members , 31 , 44 and 67 , as well as the Chapters IX , XIIA , XIIB and XIIC, the Credit Supervision Act 1992 , the Natura and non-life insurance supervision law and the Supervisory Law 1993 shall be withdrawn.


Article 179

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  • 2 The Royal Decree may provide for the entry into force of the articles or parts thereof at a later date to be determined by Royal Decree.


Article 180

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This law is cited as: Entry and Adjustment Act Law on Financial Supervision.

Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.

Given at The Hague, 20 November 2006

Beatrix

The Minister of Finance

,

G. Zalm

Published on the seventh December 2006

The Minister of Justice

E. M. H. Hirsch Ballin