Olivier van den Broeke

Olivier Van den broeke

Associate
Baker McKenzie BV/SRL

Biography

Olivier Van den broeke is a senior associate leading the Financial Services Regulatory, Fintech and Insurance practice in Belgium. He joined Baker McKenzie in 2013 and has more than 10 years of experience in advising financial institutions and Fintechs on a broad variety of financial services, Fintech and insurance regulatory matters.

Olivier is ranked as a Star Associate in Chambers & Partners and as a Rising Star in Legal 500. He is described in these publications as being “very responsive and knowledgeable” and “very practical and client-focused."

Olivier has authored several articles and contributions for leading journals on a variety of financial services regulatory matters.

Practice Focus

Olivier's practice focuses on complex financial services regulatory issues, regulatory driven strategic projects, transactions and restructurings, and financial services litigation and enforcement.

He advises a broad range of clients active in the banking, insurance, Fintech, funds and payments industries. His clientele includes banks, insurers, payment and e-money institutions, investment firms, asset managers, pension funds, crypto asset firms, consumer lenders and various types of financial and insurance intermediaries.

Matters that Olivier advises on include license applications, up-scaling and expanding of clients' businesses, digitisation and financial innovation, cross-border offering of financial services and products, obtaining regulatory approvals for strategic transactions and restructurings, complex financial contracting, securitisations, fund regulatory matters and supervisory enforcement.

Olivier is also a trusted advisor in relation to governance requirements for financial institutions, sustainable finance, anti-money laundering and financial crime issues. From time to time, he is also involved in restructuring and insolvency matters.

Representative Legal Matters

  • Assisted various financial institutions, including alternative investment fund managers (AIFMs), consumer credit lenders and insurance intermediaries, with their authorisation or registration procedures before the Belgian financial regulators (FSMA, NBB, Ministry of Economy).

  • Assisted various financial institutions with obtaining regulatory approvals for strategic decisions, mergers and acquisitions, and transfers of banking and insurance portfolios.

  • Assisted a consortium of institutional investors with acquiring a minority stake in a major Belgian financial market infrastructure, requiring various NBB, ECB and foreign regulatory approvals.

  • Advised a global card scheme provider on various complex regulatory issues in connection with its strategic cross-border corporate restructuring (PSD2, IDD, AML, regulatory approvals)

  • Assisted Belgium's export credit agency with a complex banking and insurance regulatory product scan in +25 jurisdictions globally.

  • Advised a Belgian insurance company on all regulatory aspects of its strategic merger with another insurance company.

  • Advised a leading Luxembourg life insurance undertaking on the remodelling of its branch 23 product offering in Belgium.

  • Assisted a UK insurance group with its Brexit relocation to Belgium, consisting of a registration procedure before the Belgian FSMA and the roll-out of its business across the EEA.

  • Successfully represented Assuralia in a milestone matter before Belgium's Constitutional Court in relation to prescription periods in insurance.

  • Advised an ECB-supervised banking group on the strategic restructuring of its intra-group securitisation structure and liquidity facilities, requiring various approvals from the ECB and NBB.

  • Assisted several Belgian private equity and venture capital funds with their regulatory (AIFMD), anti-money laundering (AML) and ESG (SFDR, CSRD) compliance obligations.

  • Assisted various clients in drafting and negotiating complex financial services contracts, such as cash pooling, investment management, custody, derivatives and insurance distribution agreements.

  • Advised a global Fintech company on its regulatory risk exposures in expanding its crypto-currency business globally.

  • Advised a fast-growing online Fintech bank on the launch of its newest crypto product for the Belgian market, consisting of a broker service for crypto tokens.

Admissions

  • Antwerp~Belgium (2013)

Education

  • College of Europe (LLM) (2013)
  • University of Antwerp (Law Degree) (2012)

Languages

  • Dutch
  • English
  • French

Publications

Olivier regularly publishes legal articles and alerts on corporate, financial services and insurance law topics:

  • Author, "Belgium: New regulatory regime for virtual currency service providers," Baker McKenzie client alert, March 2022
  • Author, "Belgium: Harmonization of registration conditions for intermediaries in the financial services and insurance sector," Baker McKenzie client alert, February 2022
  • Author, "Belgium: New rules for marketing and pre-marketing of investment funds," Baker McKenzie client alert, July 2021
  • Author, "Bite-size Briefings: Environmental, Social and Governance (ESG) regulation," Baker McKenzie Insights, July 2021
  • Author, "Crypto around the world," Baker McKenzie Insights, May 2021
  • Author, "Belgium: Brexit transitional measures for United Kingdom insurance undertakings and intermediaries," Baker McKenzie client alert, January 2021