T +31 (0)20 767 01 80

T +31 (0)20 767 01 87
M +31 (0)6 31 67 03 95
pien.kerckhaert@finnius.com

Pien Kerckhaert

Counsel

Pien is a true specialist in the field of Dutch financial regulatory law. Amongst others, she has in depth knowledge of and experience with the regulation of insurers, such as Solvency II and IDD (Insurance Distribution Directive) requirements. In that respect, Pien advises on solvency requirements, governance and outsourcing. In addition, Pien has broad knowledge and expertise in the field of the regulation of investment firms (MiFID II), investment funds (AIFMD) and financial services such as granting consumer credit (CCD and MCD) and insurance (IDD) or credit intermediary services. Also, Pien has experience in conducting litigation against the supervisory authorities.

Pien is a proactive lawyer with an unconventional way of thinking. Pien’s personality in combination with her analytical skills and content-driven approach make her a valuable adviser and discussion partner.

Pien graduated from the University of Amsterdam, and successfully completed the Grotius Academy specialisation course “Securities Law” in 2009.

In addition to several other publications, Pien is co-author of the first print of a book on the Dutch Financial Supervision Act (Wet op het financieel toezicht), ‘Hoofdlijnen Wft’ (Outlines Wft), published in 2011 by Kluwer. Pien regularly teaches on aspects of financial supervision. Pien is a lecturer for various educational institutes, such as NCOI Opleidingen and Berghauser Pont.

Prior and present work experience

  • Finnius, October 2014 – present
  • ING Insurance/Investment Management (NN Group): November 2010 – October 2014
  • NautaDutilh, January 2004 – October 2010
  • Advising on Solvency II-related matters, such as group supervision, solvency requirements and possible supervision regimes;
  • Advising on outsourcing under inter alia Solvency II, AIFMD and PSD II, the drafting of outsourcing policies and outsourcing agreements, advising on outsourcing to cloud providers;
  • Advising on the Solvency II-treatment of government loans and guarantees;
  • Advising on the impact and scope of PSD II;
  • Advising on the qualification as insurance product of various business propositions;
  • Advising a financial conglomerate on the scope of the term ‘group’ under various financial regulations;
  • Coordinating the complex application for a declaration of no-objection by DNB related to an envisaged take-over of a Dutch insurance company;
  • Coordinating and preparing of MiFID II license applications;
  • Coordinating and preparing of AIFMD-license applications;
  • Advising on the impact of MiFID II on asset managers;
  • Advising a large international bank on its investment services to Dutch clients;
  • Advising on remuneration structures under the Dutch Remuneration Act;
  • Advising on the scope of AIFMD; is a market party affected by AIFMD?
  • Advising on the impact of IDD (insurance Distribution Directive) on insurance companies and financial services providers, such as advising on cross-selling and product governance requirements;
  • Advising on regulatory topics in the context of M&A-deals in the financial sector;
  • Coordination of obtaining regulatory approval required for M&A deals in the financial sector;
  • Advising on the MiFID II-impact of the offering of employee participation schemes;
  • Advising on the provision of intermediary services with respect to financial products, including market access possibilities (inter alia the tied intermediary).

“Finnius is a specialised firm with deep industry and legal knowledge as well as a good network of contacts.”