In order to conduct a banking business, a licence is required under the Act on Financial Supervision (abbreviated to Wft). In addition, it is not permitted to attract funds from the public without a banking licence.

CMS Derks Star Busmann gives advice not only in relation to an application for banking licences but also on requirements under the Wft that banks must fulfil, such as in the case of mergers, takeovers, joint ventures and outsourcing of activities. In addition, advice on the question when non-banking institutions come under the scope of the prohibition from attracting funds from the public is certainly just as important. This question arises as soon as a company, other than a bank, attracts funds, and this is something that is often overlooked in practice.

Our advice concerns banks and companies active in the Netherlands, but also and particularly those with international operations.