Key Benefits:
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:
Article 1: 1 of the Financial Supervision Act shall apply mutatis mutandis to this chapter.
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.
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.
1 From the date of entry into force of the Law on financial supervision form the registers specified in the Articles 23, 1st paragraph, of the Financial Services Act , 179 of the Law reporting control and capital interest in security issuers , 18, first paragraph, of the Investment Institutions Supervision Act , 20a, 1st Member , 21, 1st Member , 47, ninth member , and 47b, 1st member, of the Securities Control Act 1995 , and 52, first paragraph, of the Credit Supervision Act 1992 , and the lists, intended in the Articles 4, 1st paragraph, of the in-service Insurance Supervision Act and 9, 1st paragraph, of the Law Supervision Act 1993 , jointly referred to in the register, Article 1:107, 1st paragraph, of the Financial Supervision Act .
2 From the date of entry into force of the Law on financial supervision The register shall be based on: Article 4, third paragraph, of the Securities Control Act 1995 On Article 1:109, 1st paragraph, of the Financial Supervision Act .
3 From the date of entry into force of the Law on financial supervision indicate, as appropriate, the supervisor, in respect of the data used for the time of entry into force of the Law on financial supervision were included in the registers and lists provided for in paragraphs 1 and 2, and the provisions of the Law on financial supervision They are based.
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 .
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 .
1 The supervisor may, after the entry into force of the Law on financial supervision impose administrative penalties of up to three years after the date on which the offence was committed in respect of an infringement of a rule imposed on or under the conditions of 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 .
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 .
1 The supervisor may decide to impose a charge under penalty payments or an administrative fine on the subject of infringement of a prescription at 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 , after publication of publication.
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 .
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 .
1 The supervisor may, after the date of entry into force of the Law on financial supervision indicate an indication of infringement of a prescription in the case of, or under the conditions of 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 .
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 .
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 .
1 The supervisor may apply from the date of entry into force of the Law on financial supervision take a decision as intended Article 1:76, first paragraph, of that law if a financial undertaking does not, or has not, fully acted within the prescribed period to a designation under 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 .
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 .
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 .
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.
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.
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.
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.
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 .
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 .
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 .
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.
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.
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 .
1 An authorisation granted on the basis of Article 11 of the Financial Services Act to offer an investment object or to offer a financial product as intended in Article 1 (m) (8 °) of that Act , is based on the date of entry into force of the Law on financial supervision On Article 2:58, first paragraph, of the latter law .
2 A licence issued on the basis of Article 11 of the Financial Services Act for the provision of credit, it is based on the date of entry into force of the Law on financial supervision On Article 2:63, first paragraph, of the latter law .
3 A licence issued on the basis of Article 11 of the Financial Services Act for advising, based on the time of entry into force of the Law on financial supervision On Article 2:78, first paragraph, of the latter law .
4 A licence issued on the basis of Article 11 of the Financial Services Act for agents, based on the date of entry into force of the Law on financial supervision On Article 2:83, first paragraph, of the latter law .
5 A permit issued on the basis of Article 11 of the Financial Services Act in the case of reinsurance, derived from the time of entry into force of the Law on financial supervision On Article 2:89, first paragraph, of the latter law .
6 A permit granted on the basis of Article 11 of the Financial Services Act for intervention as agent or deputy agent agent, shall be based on the date of entry into force of the Law on financial supervision On Article 2:94, first paragraph, of the latter law .
7 A permit issued on the basis of Article 16, first paragraph, of the Financial Services Act lies from the date of entry into force of the Law on financial supervision On Article 2:105, first paragraph, of the latter law .
1 Persons referred to in Article 22, first paragraph, of the Financial Services Act will become effective from the date of entry into force of the Law on financial supervision be deemed to have been authorised to be authorised to Article 2:80, first paragraph, of the latter law , for winding the in first Article Such contracts.
2 Rules applicable on the basis of Article 22, fifth paragraph, of the Financial Services Act the persons referred to in paragraph 1 of this Article are based on the settlement of agreements from the date of entry into force of the Law on financial supervision On Article 1:102, second paragraph, of the latter law .
1 An exemption from the ban on offering an investment object or a financial product as intended. Article 1 (m) (8 °) of the Financial Services Act , which has been granted on the basis of Article 18, first paragraph, of that Act , is based on the date of entry into force of the Law on financial supervision On Article 2:55, second paragraph, of the latter law .
2 An exemption from the ban on the provision of credit granted on the basis of Article 18, first paragraph, of the Financial Services Act , is based on the date of entry into force of the Law on financial supervision On Article 2:60, second paragraph, of the latter law .
3 An exemption from the prohibition of advice, granted on the basis of Article 18, first paragraph, of the Financial Services Act , is based on the date of entry into force of the Law on financial supervision On Article 2:75, second paragraph, of the latter law .
4 An exemption from the prohibition of bepleas granted on the basis of Article 18, first paragraph, of the Financial Services Act , is based on the date of entry into force of the Law on financial supervision On Article 2:80, second paragraph, of the latter law .
5 An exemption from the prohibition of reinsurance, which has been granted on the basis of Article 18, first paragraph, of the Financial Services Act , is based on the date of entry into force of the Law on financial supervision On Article 2:86, second paragraph, of the latter law .
6 An exemption from the prohibition of the act as agent or agent authorised agent granted on the basis of Article 18, first paragraph, of the Financial Services Act , is based on the date of entry into force of the Law on financial supervision On Article 2:92, second paragraph, of the latter law .
7 An exemption granted on the basis of Article 22, second paragraph, of the Financial Services Act lies from the date of entry into force of the Law on financial supervision On Article 2:80, third member, of the latter law .
1 A waiver of expert requirements as referred to in Article 27, second paragraph, of the Financial Services Act , which has been granted on the basis of Article 18, first paragraph, of that Act , is based on the date of entry into force of the Law on financial supervision On Article 4:9, fourth paragraph, of the latter law .
2 A waiver of requirements related to any integrity of operation or an adequate administrative organisation and system of internal control as referred to in Article 28 of the Financial Services Act , which has been granted on the basis of Article 18, first paragraph, of that Act , is based on the date of entry into force of the Law on financial supervision On Article 4:15, fourth paragraph, of the latter law .
3 A waiver of requirements related to the provision of information as referred to in Article 31 of that Act , which has been granted on the basis of Article 18, first paragraph, of that Act , is based on the date of entry into force of the Law on financial supervision On Article 4:20, sixth paragraph, of the latter law .
4 A waiver of requirements related to the provision of information about a financial product or a financial service as referred to in Article 35 of the Financial Services Act , which has been granted on the basis of Article 18, first paragraph, of that Act , is based on the date of entry into force of the Law on financial supervision On Article 4:22, second paragraph, of the latter law .
5 A waiver of requirements related to information provision by an advisor referred to in Article 34 of the Financial Services Act , which has been granted on the basis of Article 18, first paragraph, of that Act , is based on the date of entry into force of the Law on financial supervision On Article 4:72, sixth paragraph, of the latter law .
6 A waiver of requirements related to information provision by a mediator as referred to in Article 33 of the Financial Services Act , which has been granted on the basis of Article 18, first paragraph, of that Act , is based on the date of entry into force of the Law on financial supervision On Article 4:73, sixth paragraph, of the latter law .
7 A waiver of requirements in respect of professional liability insurance or equivalent provision of a mediator in insurance or a reinsurance broker as referred to in Article 29 of the Financial Services Act , which has been granted on the basis of Article 18, first paragraph, of the Financial Services Act , is based on the date of entry into force of the Law on financial supervision On Article 4:75, fifth paragraph , below 4:76, fifth paragraph, of the latter law .
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.
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 .
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 .
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.
1 It is a financial services provider as intended in Article 102, first paragraph, of the Financial Services Act , as well as a financial services provider providing financial services with respect to payment accounts or investment objects, mediating in savings accounts or acting as a reinsurance intermediary, which will be Article 102, second paragraph, of that Act Other Article 20, first paragraph, of the exempt scheme has applied for a licence or exemption, on which application at the time of entry into force of the Law on financial supervision It has not yet been decided, granted without authorisation or exemption, to continue its work until the Authority has decided on that application.
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 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.
1 An authorisation granted on the basis of Article 5, first paragraph, of the Investment Institutions Supervision Act to an operator of an investment enterprise, other than those specified in Article 6 of that Act , is based on the date of entry into force of the Law on financial supervision On Article 2:67 of the latter Act .
2 A licence issued on the basis of Article 5 of the Investment Fund Supervision Act for an investment company that does not have a separate manager and is not an investment company as intended Article 6 of that Act , is based on the date of entry into force of the Law on financial supervision On Article 2:68 of the latter Act .
3 A licence issued on the basis of Article 5 for the benefit of an investment company or an administrator, as referred to in Article 6 of the Investment Fund Supervision Act , is based on the date of entry into force of the Law on financial supervision On Article 2:69 of the latter Act and it is deemed to be granted to the manager of that investment company.
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.
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.
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 .
1 A waiver of requirements in respect of certain financial guarantees as referred to in Article 12, first paragraph, part b, of the Investment Institutions Supervision Act , which has been granted on the basis of Article 12, fourth paragraph, of that Act lies from the date of entry into force of the Law on financial supervision On Article 3:57, sixth paragraph, of the latter law .
2 A waiver of business requirements as referred to in Article 12, first paragraph, section c, of the Investment Institutions Supervision Act , which has been granted on the basis of Article 12, fourth paragraph, of that Act lies from the date of entry into force of the Law on financial supervision On Article 4:11, fifth paragraph , in so far as it has been exempted from rules relating to the minimum conditions to be met by the policy to ensure the integrity of the undertaking, or 4:14, fourth paragraph, of the latter law , in so far as it is exempted from rules which ensure the management and integrity of the undertaking.
3 A waiver of the obligation, intended to Article 12, first paragraph, introductory wording and part d, of the Investment Institutions Supervision Act , which has been granted on the basis of Article 12, fourth paragraph, of that Act lies from the date of entry into force of the Law on financial supervision On Article 4:22, second paragraph , 4:46a, second member , 4:47, fifth member , 4:48, third member or 4:49, fifth paragraph, of the latter law , in so far as they are subject to the obligation laid down in the relevant Article.
4 A waiver of requirements related to the information to be provided to the supervisor as intended in Article 12, first paragraph, part d, of the Investment Institutions Supervision Act , which has been granted on the basis of Article 12, fourth paragraph, of that Act lies from the date of entry into force of the Law on financial supervision On Article 4:51, fifth paragraph, of the latter law .
5 A waiver of requirements related to the information to be provided to the public as intended Article 12, first paragraph, part d, of the Investment Institutions Supervision Act , which has been granted on the basis of Article 12, fourth paragraph, of that Act lies from the date of entry into force of the Law on financial supervision On Article 4:52, fourth paragraph, of the latter law .
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.
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 .
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 .
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 .
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 .
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 .
1 An authorisation granted on the basis of Article 7, fourth paragraph, of the Securities Control Act 1995 lies from the date of entry into force of the Law on financial supervision On Article 2:99 of the latter Act , in so far as it seeks to provide investment services for which authorisation is required under the conditions laid down in the Annex. Law on financial supervision .
2 A licence issued on the basis of Article 7, sixth paragraph, of the Securities Control Act 1995 , is based on the date of entry into force of the Law on financial supervision On Article 2:99 of the latter Act . The holder of the licence is deemed to have a waiver as intended Article 2:99, 4th paragraph, of the Financial Supervision Act on the requirements to which the applicant was unable to comply.
1 An authorisation granted on the basis of Article 6, second paragraph , or 10, second paragraph, of the Securities Control Act lies from the date of entry into force of the Law on financial supervision On Article 2:99 of the latter Act .
2 Investment Firms at the time of the entry into force of the Law on financial supervision are considered on the basis of Article 60, first paragraph, of the Securities Control Act 1995 a permit as specified in Article 7, first paragraph, of that Act to have been authorised from that date onwards on the basis of Article 2:99, 1st paragraph, of the Financial Supervision Act .
3 With regard to investment firms with a seat in another Member State which at the time of the entry into force of the Law on financial supervision have a permit on the basis of Article 6, second paragraph , or 10, second paragraph, of the Securities Control Act is deemed to be fulfilled Article 2:98, 2nd paragraph, of the Financial Supervision Act .
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 .
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 .
1 A waiver of requirements in respect of certain financial guarantees as referred to in Article 11, first paragraph, part b, of the Securities Control Act 1995 , which has been granted on the basis of Article 11 (4) of that Law lies from the date of entry into force of the Law on financial supervision On Article 3:57, sixth paragraph, of the latter law .
2 A waiver of business requirements as referred to in Article 11, first paragraph, section c, of the Securities Control Act 1995 , which has been granted on the basis of Article 11, fourth paragraph, of the Securities Control Act 1995 lies from the date of entry into force of the Law on financial supervision On Article 4:11, fifth paragraph , in so far as it has been exempted from rules relating to the minimum conditions to be met by the policy to ensure the integrity of the undertaking, 4:14 4th member , in so far as it is exempted from rules which ensure the management and integrity of the undertaking, 4:25, second member , in so far as a derogation has been granted from rules relating to the diligence to be taken into account, 4:83, second member , for a waiver of the requirement that at least two natural persons determine the daily policy of an investment firm or 4:88, fifth member, of that law , in so far as a waiver of rules relating to the policy on the prevention of conflicts of interest between an investment firm and its clients and between its clients is waived.
3 A waiver of requirements related to the information to be provided to the supervisor as intended in Article 11, first paragraph, part d, of the Securities Control Act 1995 , which has been granted on the basis of Article 11 (4) of that Law lies from the date of entry into force of the Law on financial supervision On Article 4:85, sixth paragraph, of the latter law .
4 A waiver of requirements with regard to the information to be provided to the public as intended Article 11, first paragraph, part d, of the Securities Control Act 1995 , which has been granted on the basis of Article 11 (4) of that Law lies from the date of entry into force of the Law on financial supervision On Article 4:20, sixth paragraph , where rules relating to information to a consumer or a client have been waived, or 4:22, second member, of that law , where there is a derogation from rules relating to the provision of information by a financial undertaking on a financial product or a financial service.
5 An exemption granted on the basis of Article 17, third paragraph, of the Securities Control Act 1995 lies from the date of entry into force of the Law on financial supervision On Article 3:106, third paragraph, of the latter Act .
6 An exemption granted on the basis of Article 18b (1st paragraph) of the Securities Control Act 1995 lies from the date of entry into force of the Law on financial supervision On Article 5:68, third paragraph, of the latter Act .
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.
1 A statement of no objection which has been granted on the basis of Article 16, third paragraph, of the Securities Control Act 1995 lies from the date of entry into force of the Law on financial supervision On Article 3:100 of the latter Act .
2 A statement of no objection issued on the basis of Article 26a (second paragraph) of the Securities Control Act 1995 lies from the date of entry into force of the Law on financial supervision On Article 5:32, second paragraph, of the latter law .
1 A statement of no objection as referred to in Article 16 of the Securities Control Act 1995 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:
(a) the declaration of no objection has been granted for an investee situated on one of the said limits; or
(b) the declaration of no objection in the unaltered form has been retained on the basis of Article VI, second paragraph, of the Law of 30 June 2004 amending the Act of Supervision of Securities Act 1995, the Credit Supervision Act 1992, the Health Insurance Supervision Law and the Insurance Act 1993 in relation to the simplification of the system of the declaration of no objection and some other necessary adjustments (Stb. 441).
2 A statement of no objection as referred to in Article 16 of the Securities Control Act 1995 before 15 September 2004 on the basis of the Control of securities law 1995 is granted for the benefit of all group companies of a group, shall be granted from the date of entry into force of the Law on financial supervision be deemed to have been granted on the basis of Article 3:100 of that Law .
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 .
1 A communication on the basis of Article 13, third paragraph, of the Securities Control Act 1995 in the case of an investment firm with a seat in the Netherlands, from the date of entry into force of the Law on financial supervision The following shall be regarded as the decision on the consent of Article 2:127, first paragraph, of the latter law .
2 A communication on the basis of Article 14, third paragraph, of the Securities Control Act 1995 in the case of an investment firm with a seat in the Netherlands, from the date of entry into force of the Law on financial supervision The following shall be considered as the communication, Article 2:129, second paragraph, of the latter law .
3 A decision on the consent of the Article 15a (1st paragraph) of the Securities Control Act 1995 , is based on the date of entry into force of the Law on financial supervision On 2:130, second paragraph, of the latter law .
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 .
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 .
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 .
1 An authorisation as referred to in Article 6, first paragraph, of the Credit Supervision Act 1992 lies from the date of entry into force of the Law on financial supervision On Article 2:11, first paragraph, of that Act In so far as the holding of the holding of the holder is required to be authorised on the basis of last article .
2 An authorisation as referred to in Article 6, first paragraph, of the Credit Supervision Act 1992 for the exercise of the holding referred to in Article 3:4, 1st paragraph, of the Financial Supervision Act , is based on the date of entry into force of the Law on financial supervision On Article 2:11 of that Act for a period of not more than six months.
3 A licence as referred to in the preceding paragraph shall also be based upon the period referred to in that paragraph. Article 2:11 of the Financial Supervision Act , if the holder of the authorisation has been authorised within six months of the entry into force of the Law on financial supervision has given the Nederlandsche Bank its wish to retain its licence.
4 A licence issued on the basis of Article 38, first paragraph, of the Credit Supervision Act 1992 lies from the date of entry into force of the Law on financial supervision On Article 2:21, first paragraph, of the latter law .
1 An authorisation granted on the basis of Article 2 of the Credit Supervision Act or on the basis of Article 62 of that Act or 7 of the Postbank Act is deemed to have been granted to a bank with a seat in the Netherlands, based on the date of entry into force of the Law on financial supervision On Article 2:11, first paragraph, of the latter law In so far as the holding of the holding of the holder of that licence requires a licence.
2 A licence issued on the basis of Article 2 of the Credit Supervision Act or on the basis of Article 62 of that Act shall be deemed to have been granted to a bank as referred to in Article 112, second paragraph, of the Credit Supervision Act 1992 , is based on the date of entry into force of the Law on financial supervision On Article 2:21 of that Act , in so far as the holding of the holding of the holder of that licence is authorised as specified in: that Article is required.
3 A bank as referred to in Article 112, third paragraph, of the Credit Supervision Act 1992 which has a permit on the basis of Article 2 of the Credit Supervision Act or on the basis of Article 62 of the former law is deemed to have obtained a licence, and which on the basis of Article 112, third paragraph, of the Credit Supervision Act 1992 shall be deemed to have complied with the provisions of the Article 31, first paragraph, points (b) and (c) of that Act , as from the date of entry into force of the Law on financial supervision be deemed to have the communication referred to in Article 2:15 of the latter Act .
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 .
1 To those to whom an exemption applies as referred to in Article 3 of the Statue of Liberty Wtk 1992 is from the date of entry into force of the Law on financial supervision the particular Article 3: 2 of that Act Subject to such effects as those intended for use in the Law on financial supervision offers to the public or does permit to trade on a regulated market as intended in the Law on financial supervision .
2 To those to whom an exemption applies as referred to in Article 3 of the Statue of Liberty Wtk 1992 and those effects as referred to in Article 1 (a) of the Securities Control Act 1995 which are not effects in the sense of the Law on financial supervision , offers to the public, or does, to trade on a regulated market as intended in the Law on financial supervision is from the date of entry into force of the Law on financial supervision the particular Article 3: 2 of that Act of corresponding application for a period not exceeding one year. If the securities referred to in the previous sentence relate to an agreement with a duration of more than one year, it shall be Article 3: 2 of that Act to the provider referred to in the preceding sentence, mutatis mutandis, until the end of the term of that agreement.
1 An exemption granted on the basis of Article 38a, third paragraph, of the Credit Supervision Act 1992 lies from the date of entry into force of the Law on financial supervision On Article 2:23, second paragraph, of the latter law .
2 An exemption granted on the basis of Article 82, fourth paragraph, of the Credit Supervision Act 1992 To attract, obtain, or make available funds to persons other than professional market parties shall be based on the date of entry into force of the market. Law on financial supervision On Article 3:5, fourth paragraph, of the latter law .
3 An exemption granted on the basis of Article 82, fourth paragraph, of the Credit Supervision Act 1992 -for the performance of an occupation or business as an intermediary for the purpose of acquiring or making available to the parties outside the circle, whether or not in the long term, to the use of funds from others, other than those of the professional market participants, based on the date of entry into force of the Law on financial supervision On Article 4:3, fourth paragraph, of the latter law .
4 An exemption on the basis of Article 6, third paragraph, of the Credit Supervision Act 1992 has been granted to an undertaking or institution as referred to in Article 3 of the Statue of Liberty Wtk 1992 which did not comply with the that Article shall be based, in so far as it relates to those rules, from the date of entry into force of the Law on financial supervision On Article 3:2, third paragraph, of the latter Act .
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 .
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 .
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 .
1 An exemption granted on the basis of Article 10, fifth paragraph, of the Credit Supervision Act 1992 lies from the date of entry into force of the Law on financial supervision On Article 3:19, third paragraph, of the latter Act .
2 An exemption granted on the basis of Article 11, fifth paragraph, of the Credit Supervision Act 1992 lies from the date of entry into force of the Law on financial supervision On Article 3:53, sixth paragraph, of the latter law .
3 An exemption granted on the basis of Article 20, fourth paragraph, of the Credit Supervision Act 1992 lies from the date of entry into force of the Law on financial supervision On Article 3:57, sixth paragraph, of the latter law .
4 An exemption granted on the basis of Article 21 (4) of the Credit Supervision Act 1992 lies from the date of entry into force of the Law on financial On Article 3:63, fourth paragraph, of the latter law .
5 An exemption granted on the basis of Article 22, third paragraph , or 30c, third member, of the Credit Supervision Act 1992 lies from the date of entry into force of the Law on financial supervision On Article 3:17, fourth paragraph, of the latter Act .
6 An exemption granted on the basis of Article 30, third paragraph, of the Credit Supervision Act 1992 lies from the date of entry into force of the Law on financial supervision On Article 3:71, third paragraph, of the latter Act .
7 An exemption granted on the basis of Article 30b (4th paragraph) of the Credit Supervision Act 1992 of having regard to the required solvency or liquidity, shall be based on the date of entry into force of the Law on financial supervision On Article 3:57, 6th paragraph , below Article 3:63, fourth paragraph, of the latter law .
8 An exemption granted on the basis of Article 55, ninth paragraph, of the Credit Supervision Act 1992 lies from the date of entry into force of the Law on financial supervision On Article 3:72, eighth paragraph, of the latter law .
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 .
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 .
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 .
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 .
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 .
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 .
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 .
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 .
1 A statement of no objection which has been granted on the basis of Article 25 of the Credit Supervision Act 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 -in so far as the acts for which the declaration of no objection has been granted correspond to the Article 3:95, first paragraph That's what they meant.
2 To the person who already held on 1 January 1979 a qualifying holding for which Articles 3:95, first paragraph , below 3:96, 1st member, of the Financial Supervision Act a statement of no objection is required, shall be deemed to have been a statement of no objection under the Articles 3:97, 1st paragraph , 3:100, 1st Member , below 3:101 of the latter Act .
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:
(a) the declaration of no objection has been granted for an investee situated on one of the said limits; or
(b) the declaration of no objection in the unaltered form has been retained on the basis of Article VI, second paragraph, of the Law of 30 June 2004 amending the Act of Supervision of Securities Act 1995, the Credit Supervision Act 1992, the Health Insurance Supervision Law and the Insurance Act 1993 in relation to the simplification of the system of the declaration of no objection and some other necessary adjustments (Stb. 441).
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 .
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 .
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 .
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 .
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 .
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 .
1 An exemption granted on the basis of Article 17, 4th paragraph, of the in-service Insurance Supervision Act , is based on the date of entry into force of the Law on financial supervision On Article 3:19, third paragraph, of the latter Act .
2 An exemption granted on the basis of Article 23 (4) of the in-service Insurance Supervision Act , is based on the date of entry into force of the Law on financial supervision On Article 3:47, fourth paragraph, of the latter law .
3 An exemption granted on the basis of Article 25, second paragraph, of the in-service Insurance Supervision Act lies from the date of entry into force of the Law on financial supervision On Article 4:20, sixth paragraph, of the latter law .
4 An exemption granted on the basis of Article 32, second paragraph, of the in-service Insurance Supervision Act , is based on the date of entry into force of the Law on financial supervision On Article 3:70, 2nd paragraph , in so far as the exemption is granted to an insurer having a seat in the Netherlands, or 3:79 of the latter law In so far as the exemption is granted to a life insurer or non-life insurer with a registered office in a State which is not a Member State, which carries on its business from branches situated in the Netherlands.
5 An exemption granted on the basis of Article 38, fourth paragraph, of the in-service Insurance Supervision Act lies from the date of entry into force of the Law on financial supervision On Article 3:69, third paragraph, of the latter Act .
6 An exemption granted on the basis of Article 45, 4th paragraph, of the Health Insurance Supervision Law lies from the date of entry into force of the Law on financial supervision On Article 3:69, third paragraph, of the latter Act .
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 .
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:
(a) the declaration of no objection has been granted for an investee situated on one of the said limits; or
(b) the declaration of no objection in the unaltered form has been retained on the basis of Article VI, second paragraph, of the Law of 30 June 2004 amending the Act of Supervision of Securities Act 1995, the Credit Supervision Act 1992, the Health Insurance Supervision Law and the Insurance Act 1993 in relation to the simplification of the system of the declaration of no objection and some other necessary adjustments (Stb. 441).
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 .
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 .
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 .
1 A decision taken on the basis of Article 33, second paragraph, of the Natura Insurance Insurance Act , 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 .
2 A decision taken on the basis of Article 33, fourth paragraph , or 33a, fifth paragraph, of the in-service Insurance Supervision Act lies from the date of entry into force of the Law on financial supervision On Article 1:78, first paragraph, of the latter law .
3 A decision or authorisation granted on the basis of Article 56 (1) of the in-service Insurance Supervision Act lies from the date of entry into force of the Law on financial supervision On Article 3:135, first paragraph, of the latter law .
4 A decision given or authorisation granted on the basis of Article 56, second paragraph, of the Health Insurance Supervision Law lies from the date of entry into force of the Law on financial supervision On Article 3:146, first paragraph, of the latter law .
5 A decision taken on the basis of Article 57, 1st paragraph, of the in-service Insurance Supervision Act lies from the date of entry into force of the Law on financial supervision On Article 3:136, 1st paragraph -to the extent that the decision has been taken to an insurer having a seat in the Netherlands or 3:147 of the latter law Where the decision has been made to a non-cash insurer with a seat in a non-designated State.
6 A decision taken on the basis of Article 57, second paragraph, of the in-service Insurance Supervision Act lies from the date of entry into force of the Law on financial supervision On Article 3:136, 2nd paragraph -to the extent that the decision has been taken to an insurer having a seat in the Netherlands or 3:147 of the latter law Where the decision has been made to a non-cash insurer with a seat in a non-designated State.
7 A decision or authorisation granted on the basis of Article 59, 1st paragraph, of the in-service Insurance Supervision Act lies from the date of entry into force of the Law on financial supervision On Article 3:138, first paragraph -to the extent that the decision has been taken to an insurer having a seat in the Netherlands or 3:147 of the latter law Where the decision has been made to a non-cash insurer with a seat in a non-designated State.
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 .
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.
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.
1 An authorisation granted on the basis of Article 10 of the Insurance Insurance Act and at the time of the entry into force of the Law on financial supervision is considered to have been obtained on the basis of Article 35 or Article 47 of the Insurance Supervision Act 1993 , is based on the date of entry into force of the Law on financial supervision On Article 2:31, first paragraph , below Article 2:41, first paragraph, of the latter law .
2 A life insurer or a non-life insurer having its registered office in another Member State which carries out the holding of a life insurer or a non-life insurer from a branch situated in the Netherlands and which at the time of the entry into force of the Law on financial supervision on the basis of Article 190, second paragraph, of the Insurance Supervision Act 1993 is deemed to have complied with Article 37 of the Insurance Supervision Act 1993 , shall be deemed to be the communications referred to in Article 2:35 of the Financial Supervision Act to be received.
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.
1 An exemption granted on the basis of Article 28 (4) of the Insurance Supervision Act 1993 lies from the date of entry into force of the Law on financial supervision On Article 3:15, third paragraph , or 3:19, third member, of the latter law .
2 An exemption granted on the basis of Article 45, fourth paragraph, of the Insurance Supervision Act 1993 lies from the date of entry into force of the Law on financial supervision On Article 3:47, fourth paragraph, of the latter law .
3 An exemption granted on the basis of Article 51, second paragraph, of the Insurance Supervision Act 1993 lies from the date of entry into force of the Law on financial supervision On Article 4:20, sixth paragraph, of the latter law .
4 An exemption granted on the basis of Article 52, seventh paragraph, of the Insurance Supervision Act 1993 , is based on the date of entry into force of the Law on financial supervision On Article 4:71, sixth paragraph, of the latter law .
5 An exemption granted on the basis of Article 66, seventh paragraph, of the Insurance Supervision Act 1993 lies from the date of entry into force of the Law on financial supervision On Article 3:67, fifth paragraph, of the latter law .
6 An exemption granted on the basis of Article 67, third paragraph, of the Insurance Supervision Act 1993 lies from the date of entry into force of the Law on financial supervision On Article 3:67, fifth paragraph, of the latter law .
7 An exemption granted on the basis of Article 71, second paragraph, of the Insurance Supervision Act 1993 lies from the date of entry into force of the Law on financial supervision On Article 3:70, second paragraph, of the latter law .
8 A derogation granted from Article 76, second paragraph, of the Insurance Supervision Act 1993 lies from the date of entry into force of the Law on financial supervision on Article 2:165, third member, of the latter law .
9 An exemption granted on the basis of Article 94, eighth paragraph, of the Insurance Supervision Act 1993 , is based on the date of entry into force of the Law on financial supervision On Article 3:68, fourth paragraph, of the latter law .
10 An exemption granted on the basis of Article 99, second paragraph, of the Insurance Supervision Act 1993 , is based on the date of entry into force of the Law on financial supervision On 3:79 of the latter law .
11 An exemption granted on the basis of Article 104, second paragraph, of the Insurance Supervision Act 1993 lies from the date of entry into force of the Law on financial supervision on Article 2:166, second paragraph, of the latter law .
12 An exemption granted on the basis of Article 109, 10th paragraph, of the Insurance Supervision Act 1993 lies from the date of entry into force of the Law on financial supervision On Article 4:71, sixth paragraph, of the latter law .
13 An exemption granted on the basis of Article 147k, 11th paragraph, of the Insurance Supervision Act 1993 lies from the date of entry into force of the Law on financial supervision On Article 3:156, eighth paragraph, of the latter law .
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.
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 .
1 A statement of no objection which has been granted on the basis of Article 81 of the Insurance Supervision Act lies from the date of entry into force of the Law on financial supervision On Article 3:97, first paragraph Either way Article 3:100 of the latter Act -in so far as the acts for which the declaration of no objection has been granted correspond to the Article 3:95, 1st paragraph, of the Financial Supervision Act Such acts.
2 The person who, before the date of entry into force of the Supervision of Insurance Law has held a qualifying holding, is deemed to have a declaration of no objection within the meaning of Article 3:95, 1st paragraph, of the Financial Supervision Act .
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:
(a) the declaration of no objection has been granted for an investee situated on one of the said limits; or
(b) the declaration of no objection in the unaltered form has been retained on the basis of Article VI, second paragraph, of the Law of 30 June 2004 amending the Act of Supervision of Securities Act 1995, the Credit Supervision Act 1992, the Health Insurance Supervision Law and the Insurance Act 1993 in relation to the simplification of the system of the declaration of no objection and some other necessary adjustments (Stb. 441).
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 .
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 .
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 .
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 .
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 .
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 .
1 A decision taken on the basis of Article 72, fourth paragraph , 72a, fifth member , 100, fourth member or 100a, fifth member, of the Law Supervision Act 1993 , 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 .
2 A decision taken on the basis of Article 100, second paragraph, of the Insurance Act 1993 , 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 .
3 A decision issued on the basis of Article 115, second paragraph, of the Insurance Supervision Act 1993 , is based on the date of entry into force of the Law on financial supervision On Article 1:58, second paragraph, of the latter law .
4 A decision taken on the basis of Article 120, second paragraph, of the Insurance Supervision Act 1993 , is based on the date of entry into force of the Law on financial supervision On Article 1:66, second paragraph, of the latter law .
5 A decision or authorisation granted on the basis of Article 137, first paragraph, of the Insurance Supervision Act 1993 lies from the date of entry into force of the Law on financial supervision On Article 3:135, first paragraph, of the latter law .
6 A decision taken on the basis of Article 137a (1st paragraph) of the Insurance Act 1993 lies from the date of entry into force of the Law on financial supervision On Article 3:132, first paragraph, of the latter law .
7 A decision issued on the basis of Article 138, first paragraph, of the Insurance Supervision Act 1993 lies from the date of entry into force of the Law on financial supervision On Article 3:136, first paragraph, of the latter law .
8 A decision taken on the basis of Article 138, second paragraph, of the Insurance Supervision Act 1993 lies from the date of entry into force of the Law on financial supervision On Article 3:136, second paragraph, of the latter law .
9 A decision or authorisation granted on the basis of Article 140, first paragraph, of the Insurance Act 1993 lies from the date of entry into force of the Law on financial supervision On Article 3:138, first paragraph, of the latter law .
10 A decision or authorisation granted on the basis of Article 140a, first paragraph, of the Insurance Act 1993 lies from the date of entry into force of the Law on financial supervision On Article 3:139, first paragraph, of the latter law .
11 A decision adopted on the basis of Article 141, second paragraph, of the Insurance Supervision Act 1993 lies from the date of entry into force of the Law on financial supervision On Article 1:59, first paragraph, of the latter law .
12 A decision or authorisation granted on the basis of Article 143, first paragraph, of the Insurance Supervision Act 1993 lies from the date of entry into force of the Law on financial supervision On Article 3:141, first paragraph, of the latter law .
13 A decision taken on the basis of Article 144 of the Insurance Supervision Act 1993 lies from the date of entry into force of the Law on financial supervision On Article 3:136 of the latter Act .
14 A decision or authorisation granted on the basis of Article 146, first paragraph, of the Insurance Act 1993 lies from the date of entry into force of the Law on financial supervision On Article 3:144, first paragraph, of the latter law .
15 A decision or authorisation granted on the basis of Article 146a, first paragraph, of the Insurance Act 1993 lies from the date of entry into force of the Law on financial supervision On Article 3:145, first paragraph, of the latter law .
16 A decision taken on the basis of Article 147, second paragraph of the Insurance Supervision Act 1993 , is based on the date of entry into force of the Law on financial supervision On Article 1:59, second paragraph, of the latter law .
17 A decision issued on the basis of Article 147h of the Insurance Supervision Act 1993 lies from the date of entry into force of the Law on financial supervision On Article 3:153 of the latter Act .
18 A decision taken on the basis of Article 147k, fifth or sixth paragraph, of the Insurance Act 1993 lies from the date of entry into force of the Law on financial supervision On Article 3:156, fifth paragraph, of the sixth paragraph of that Law .
19 A decision or authorisation granted on the basis of Article 153, first paragraph, of the Insurance Supervision Act 1993 lies from the date of entry into force of the Law on financial supervision On Article 3:135, first paragraph, of the latter law .
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 Law9 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 | |
| 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 |
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.
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 .
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.
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.
4 The financial undertaking referred to in paragraph 1 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 issued within six months from the date on which the That Act The Netherlands Bank shall enter into force the data referred to in Article 2 (2). Article 2:5, second paragraph, of the latter law .
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 .
6 The financial undertaking referred to in the third paragraph shall communicate within one month from the date of entry into force of the Law on financial supervision at the Bank of Nederlandsche Bank and within six months from that date to the Netherlands Bank de Nederlandsche Bank the data referred to in Article 2:9, first 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.
8 The third paragraph applies to the financial undertaking until the Nederlandsche Bank has decided that it has been Article 2: 8 of the Law on Financial Supervision .
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.
10 De Nederlandsche Bank shall decide within 12 months of the date of entry into force of the Law on financial supervision or met Article 2: 8 of that Act . Under ministerial arrangement, 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 .
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.
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.
3 The person who has applied for a licence under the first paragraph shall be registered as the applicant in the register. Article 1:107, 1st paragraph, of the Financial Supervision Act . De Nederlandsche Bank shall pass this invitation to tender as soon as it has decided on the application.
Expired.
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 .
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.
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.
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.
1 This law and the Law on financial supervision shall enter into force on a date to be determined by royal decree.
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.
3 In the Royal Decree, it may be stipulated that the Article 31, fourth paragraph , from this Act, may work back to 1 January 2006.
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 2006The Minister of Justice
E. M. H. Hirsch Ballin
