Prudentiele aandachtspunten bij aanvragen en in het doorlopend toezicht

The Dutch Central Bank (DNB) has issued a factsheet to provide further clarification on certain prudential considerations related to investment firms and investment management companies.
This move is prompted by instances where prudential laws and regulations are not correctly interpreted in practice. Incorrect interpretations can result in delays or even jeopardize the issuance of licenses or no-objection certificates. Moreover, such misinterpretations may lead to violations of laws and regulations during ongoing supervision, which could lead to regulatory enforcement actions by DNB.
The factsheet aims to prevent such issues by explaining key prudential considerations, ensuring that investment firms and investment management companies are aware of the requirements they must meet. The English version of the presentation can be found here.
For a legal entity holding more than 50% ownership in an investment firm, DNB requires an analysis to determine if the applicant qualifies as a beleggingsholding (investment holding company). A beleggingsholding must adhere to the same prudential requirements at a consolidated level as those imposed on the investment firm itself.
The Dutch Central Bank (DNB) has identified issues with the quality of documentation related to prudential aspects in applications for obtaining a „verklaring van geen bezwaar“ (no-objection certificate) and permit applications. Furthermore, the capital shortfalls identified during ongoing supervision can generally be avoided by correctly applying prudential capital requirements and addressing them promptly.
The factsheet also outlines the required documentation for a license application, including financial statements, budget, capital requirement calculations, shareholder agreements, articles of association, internal control procedures, and a business plan.
Moreover it provides clarity on regulatory and prudential aspects for permit and approval applications in the financial sector and covers various aspects related to capital requirements, regulatory capital calculation, and other considerations in the financial sector. It emphasizes the need for accurate documentation and compliance with regulatory criteria, which is explained in detail in the presentation.