Regulatory context

Regulatory considerations

The below regulatory considerations provide a general overview of certain current Dutch regulatory provisions relevant for alternative financing investments, as the case may be. NEOS Business Finance urges prospective professional investors to consult their legal and regulatory advisers with respect to the potential regulatory consequences of an investment.

 

Dutch Act on Financial Supervision (“AFS”)

Investment offerings in connection with NEOS Business Finance's advisory services may not be subject to authorization under the AFS since these investments are available to professional investors only in which case the AFS does not apply.

 

EU Directive on Alternative Investment Fund Managers

The EU Directive on Alternative Investment Fund Managers, Directive 2011/61/EU (the “Directive”) entered into force as of 21 July 2011. The Directive applies to any investment fund other than a fund authorized under Directive 2009/65/EC (the “UCITS Directive”) (any such fund to which the Directive will apply, an “AIF”), including hedge funds, private equity funds, commodity funds, real estate funds and infrastructure funds, and will apply to most managers of AIFs (each such manager of AIFs, an “AIF Manager”) established in the EU and to any AIF Managers established outside the EU who market their AIFs in the EU or manage AIFs established in the EU. The AFS, the Dutch Civil Code (Burgerlijk Wetboek), the Dutch Economic Offenses Act (Wet op Economische Delicten) and several tax laws are as of July 22, 2013 amended in accordance with the Directive. NEOS has been registered as an exempt alternative investment fund manager with the Dutch Financial Markets Authority (the AFM).