Financial Markets Legal Update Seminar 2018

In addition to topics in the areas of banking, capital markets, financial regulatory, funds, restructuring & insolvency and tax, this year we will also offer additional sessions on criminal law and real estate issues relevant to the financial and asset management sector. You can pick three topics of your interest out of the twelve topics we offer in four concurrent streams.

The topics will cover financial business and pick up on market themes and developments that are relevant to the everyday running of businesses from a legal perspective.

 

Stream 1

Capital Markets

Stream 2

Banking

Stream 3

Financial Services

Stream 4

Various

12:30 - 13:00

Registration and sandwiches

Hall

Opening

13:00 - 13:30

Welcome remarks

Session 1

13:30 - 14:15

Recent developments in debt capital markets

Marieke Driessen
Peter Voorhees

Bankers beware: recent English case law developments

Frédérique Jacobse

Update on Financial Regulatory - now that MiFID2 is old news

Rezah Stegeman

About banana skins & reputations - criminal liability of directors and managers

David Schreuders

14:15 - 14:45

Break

Session 2

14:45 - 15:30

Regulatory capital: what you need to know, but were afraid to ask

Marieke Driessen

Debt layering and intercreditors issues

Jan-Joost van Rijsbergen

Cross-border migration in times of Brexit

Wieger ten Hove

What is the impact of the Dutch government’s tax policy agenda on the business climate in the Netherlands for FI and AM sectors

Peter Flipsen
René van Eldonk

Session 3

15:30  16:15

Developments in asset backed finance

Jeroen Bos

WHOA! A lot to look forward to

Erwin Bos

What is happening to ISDA documentation?

Rezah Stegeman

Real estate investing: bricks or shares?

Luc Cohen
Rob Hendriks
Jan-Joost van Rijsbergen

16:15 - 18:30

Drinks and Canapés

Bar

Stream 1: Capital Markets

Recent developments in debt capital markets - Peter Voorhees and Marieke Driessen

We will discuss developments in the debt capital markets, including around disclosure standards, comfort letters, market abuse, benchmarks in European and US transactions. What impact have various new regulations and quantitative easing had on the debt capital markets practice?

Regulatory capital: what you need to know, but were afraid to ask - Marieke Driessen

This session provides an update on developments in regulatory capital for financial institutions, issuer side and investor side, including in relation to the “CRD V” package and the proposed introduction of senior non-preferred debt in the Netherlands. What further developments can we expect?

Developments in asset backed finance - Jeroen Bos

Recent developments in asset-backed transactions, such as securitisations, covered bonds and supply chain financing.


Stream 2: Banking

Bankers beware: recent English case law developments - Frédérique Jacobse

A short journey through recent judgments of the English courts on banking related issues, including valuers’ negligence and refinancings, what makes an entity a financial institution and a bank’s duty of care.

Debt layering and intercreditors issues - Jan-Joost van Rijsbergen

We will discuss the various sources of funds and the rights of the various lenders and investors providing those funds (such as (Super) Senior Debt, Mezzanine Debt, Vendor Loans, Intra-Group, Equity).

WHOA! A lot to look forward to - Erwin Bos

We provide you with an update on Dutch and European insolvency legislation. You will hear about both recent changes (such as the key changes in the re-stated Insolvency Regulation) as well as upcoming changes (the Dutch scheme of arrangement a.k.a. the WHOA.) changes.


Stream 3: Financial Services

Now that MiFID2 is old news - Rezah Stegeman

All of our collective attention was focussed on MiFID2 for the last couple of years, distracting us from the fact that the regulatory space continued expanding in the background. Find out whether any have slipped your radar.

Cross-border migration in times of Brexit - Wieger ten Hove

The Brexit transition phase ends 31/12/2020. If not already done so, this is the time for financial institutions or asset managers to consider how to move aspects of their business to EU27 or to the UK, if already based in EU27 and currently operating through a branch in the UK, to be able to carry out (regulated) activities post-Brexit. This session will detail some of the key "migration tools" available - SEs, cross-border mergers or business transfers - to effect group reorganisations to facilitate the required new post-Brexit operational structure.

What is happening to ISDA documentation? Rezah Stegeman

We experienced the impact that EMIR had on collateral documentation and the rise of client clearing documentation. In this session we will discuss further documentation changes that are in the make and new documents you probably want to be familiar with.


Stream 4: Various

About banana skins & reputations - criminal liability of directors and managers - David Schreuders

The doctrine of "actual leadership" is under pressure. When does a director (or other manager) come into the "danger zone", what exactly are the risks? Do criminal enforcers really make a distinction between greed and negligence?

What is the impact of the Dutch government’s tax policy agenda on the business climate in the Netherlands for FI and AM sectors - Peter Flipsen / René van Eldonk
The new Dutch government has announced its policy agenda to address tax evasion and tax avoidance in the Netherlands whilst at the same time maintaining an attractive investment climate for Dutch and foreign multinational companies. What do the proposed further interest limitation rules, CFC rules, hybrid mismatch rules and revised substance requirements mean for businesses in the financial institutions and asset management sectors?
Real estate investing: bricks or shares? - Rob Hendriks / Luc Cohen / Jan-Joost van Rijsbergen

Investors have several ways to invest in real estate in the Netherlands: either directly in brick and mortar or through a share structure. A choice which is determined by the type of investment and one which will have consequences on the handling, financing and closing of a real estate transaction. We will discuss possibilities and developments with you.

Event contact

Mark Rosbergen
Marketing & Business Development Manager

T +31 20 722 2529 or
E mark.rosbergen@simmons-simmons.com