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Decision of 30 October 2007 laying down rules for the implementation of the Financial Supervision Act with regard to access to the Dutch financial markets for market operators and for the operation or management of a regulated market and amendment of some other acts implementing the Directive Markets for Financial Instruments (Decision regulated markets of Wft)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of our Minister of Finance of 5 October 2007, No FM 2007-2455 M;
Having regard to Directive No 2004/39 EC of the European Parliament and of the Council of the European Union of 21 April 2004 on markets in financial instruments, amending the Directives No 85 /611/EEC and 93 /6/EEC of the Council and of the Council Directive No 2000 /12/EC of the European Parliament and of the Council and repealing Directive 93 /22/EEC of the Council (PbEU L 145) and Directive No 2006 /73/EC of the Commission of the European Communities of 10 August 2006 implementing Directive 2004 /39/EC of the European Parliament and of the Council as regards organisational requirements and conditions for the exercise of business by investment firms and the definition of concepts for the purposes of that Directive (PbEU) L 241) and the Articles 3:17, second paragraph, introductory wording and part c , 4:11, third member , 4:14, second member , 4:16, 2nd and 3rd Member , 4:18c, fourth member , 4:19, fourth member , 4:20, 1st, 2nd, 3rd and 4th member , 4:22, 1st Member , 4:23, third member, parts a and b , 4:24, fourth member, part (e) and fifth member , 4:25, 1st Member , 4:87, third member , 4:88, third member , 4:90, second member , 4:90b, tenth member , 4:90d, and fourth member , 5:27, 2nd and Fifth Member, of the Financial Supervision Act ;
The Council of State heard (opinion delivered on 17 October 2007). W06.07.0368/III);
Having regard to the further report of our Minister of Finance dated 19 October 2007, FM 2007-2645 M;
Have found good and understand:
For the purposes of this Decision and the provisions based thereon, law shall mean: Law on financial supervision .
The data referred to in Article 5:27, second paragraph, of the Act are:
a. An indication of the name, address and telephone number and fax number of the market operator;
(b) if the market operator is a legal person, an indication of the registered office, the statutory name and the trade name or trade name;
(c) if the market operator is entered on the commercial register, an indication of the registration number;
d. if present, a certified copy of the Statutes;
e. an indication of the activities which the market operator intends to undertake;
f. data on the basis of which the Authority can assess or comply with Financial Markets Article 5:29, 1st paragraph, of the Act ;
g. data on the basis of which the Authority can assess or comply with Financial Markets Article 5:29, 2nd paragraph, of the Act ;
h. a description of the rules of the regulated market, referred to in the Articles 5:30 and 5:32, 1st member, of the law ;
i. data on the basis of which the Authority can assess Financial Markets or meet the requirements of the Article 5:30, introductory sentence and part f, of the law is determined with regard to the financial means of promoting the orderly functioning of the regulated market;
j. a description of the rules on the admission of financial instruments to trading on the regulated market, referred to in Article 5:32a, first paragraph, part a, of the law ;
k. a description of the rules on access to trading or membership of the regulated market, specified in: Article 5:32b, of the Act ; and
L. where applicable:
1. an indication of the size of a qualifying holding as referred to in Article 1 (2). Article 5:32d of the Act in an applicant, for the purpose of Article 5:27, first paragraph, of the law ;
2. data on the basis of which the Authority may assess Financial Markets or, where appropriate, the Minister of Finance, or meet the requirements of the holder of a qualifying holding the applicant who, on this basis, could determine or determine, or determine, or determine the policy of the undertaking concerned; and
3 °. documents showing the financial position and the legal group structure of the holder of a qualifying holding in the applicant.
1 The data referred to in Article 2 (f) , are:
a. An indication of the name, date of birth, place of birth, nationality, private address, telephone number and fax number and function;
b. A curriculum vitae;
(c) an indication of the relevant diplomas;
d. A copy of a valid identity document; and
e. a statement of referents.
2 The Article 2, parts g and l, below 2 ° , does not apply to any person whose dependability for the application of the Law has already been established by a supervisor.
1 A market operator to which a licence as referred to in Article 5:26, first paragraph, of the law is granted, shall execute only a proposed change as referred to in Article 5:27, 4th paragraph, of the Act if the Authority has agreed to the amendment Financial Markets.
2 The Financial Market Authority shall decide on the agreement:
a. Within six weeks of receipt of the notification; or
b. If, within two weeks of receiving the notification, the applicant has requested further information within four weeks of receipt of such information, but no later than 13 weeks from the date of receipt of the notification.
3 The second paragraph shall not apply where the time limit applicable under that paragraph is not a reasonable time limit for a decision on the consent of the proposed amendment. In such a case, the Authority shall inform the market operator of Financial Markets, indicating a period within which it expects to be able to decide.
The articles of this Decision shall enter into force on a date to be determined by royal decree, which may be determined differently for the various articles or parts thereof.
This Decision is cited as: Decision regulated markets Wft
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.
' s-Gravenhage, 30 October 2007
Beatrix
The Minister of Finance,
W. J. Bos
Issued the thirty-first October 2007The Minister of Justice,
E. M. H. Hirsch Ballin
