2017-07-19

Added · Updated

DNO for acts of banks (Section 3:96 of the Wft)

Banks with registered offices in the Netherlands must obtain a Declaration of No-Objection from De Nederlandsche Bank or the European Central Bank for six specific acts. These acts include acquiring qualifying holdings in financial or non-financial enterprises, partial or full takeovers of assets or liabilities, mergers, financial or corporate restructuring operations, and a managing partner joining a limited partnership bank. Significant banks are required to seek approval from the ECB, while other banks apply to DNB, with certain transactions subject to specific threshold values.

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For specific acts, banks having their registered offices in the Netherlands need a declaration of no-objection (DNO) from De Nederlandsche Bank (DNB) or the European Central Bank (ECB).

Published: 19 July 2017

Banks having their registered offices in the Netherlands need prior approval from DNB for six acts mentioned in the law. You can get this approval by applying for a DNO. Significant banks need approval from the ECB. Does your bank qualify as a significant bank? Please contact DNB first, before applying for a DNO.

Qualifying holdings in a specified financial enterprises. Banks need a DNO for acquiring or expanding qualifying holdings in a bank, investment firm, or insurance company having its registered office in a non-member state, or a financial institution without a certificate of supervised status. A DNO is necessary for material holdings only. Member states are taken to mean the countries of the European Economic Area (EEA)

Qualifying holdings in non-financial enterprises Banks need a DNO for acquiring or expanding qualifying holdings in non-financial enterprises. This is taken to mean all enterprises that are not banks, investment firms, insurance companies or financial institutions. A DNO is necessary for material holdings only.

Partial or full takeovers of assets or liabilities, or both Banks need a DNO for the acquisition of assets or liabilities, or both, of another enterprise or institution as this does not constitute a legal merger, but an assets/liabilities transaction only. The transaction may concern the takeover of a set of assets/liabilities. It may also be a partial takeover, whereby a major part of the assets and/or liabilities change hands. The takeover can be effected directly or indirectly. These takeovers only need a DNO if the size of the assets and/or liabilities exceeds a specific threshold value.

Mergers Banks need a DNO for entering into mergers with other enterprises of institutions. Mergers only need a DNO if the balance sheet total of the other enterprise of institution exceeds a specific threshold value.

Financial or corporate restructuring operations Banks need a DNO for financial or corporate restructurings. Corporate restructurings primarily concern a situation where the bank's activities are transferred to a new corporate structure, such as a parent company and an operating subsidiary.

Joining managing partner Banks need a DNO if a managing partner wants to join the bank. This requirement only applies to banks that are limited partnerships. In addition to being a partner or shareholder in the bank, a managing partner is also charged with its management.

Information Declaration of no-objection

Declaration of no-objection

Definition of qualifying holding

Qualifying holding

Bandwidth DNO

Declarations of no-objection (DNOs) for group companies

Umbrella DNO

Different types of DNO

DNO for shareholdings (Section 3:95 of the Wft)

DNO for acts of banks (Section 3:96 of the Wft)

DNO for acts of insurance companies (Section 3:97 of the Wft)

DNO for MiCAR (Articles 41 and 83 MiCAR)

Applying for a DNO

DNO application form and explanatory notes

DNO application procedure (10 steps)

DNO application time frame

DNO application fees

DNO application - success factors

General information

DNO requirements and restrictions

Publication in the Government Gazette

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