At NIBC, we endeavour to maintain a sound, transparent and effective governance system that is aligned to best practices in our industry. The structures and processes we have developed provide an effective basis for making and implementing decisions across our organisation, with its hierarchical and functional reporting lines.
This website contains more information about our governance and provides access to our articles of association, policies, charters and compliance statements for the relevant codes.
Legal Structure and Regulators
The NIBC corporate governance structure has been organised to achieve effective corporate governance. In this structure we promote a constructive and transparent cooperation between our shareholders, the Supervisory Board and its subcommittees, the Managing Board and the Executive Committee.
This structure is rooted in our commitments to trust, professionalism and integrity which guide our business as a whole. These elements have shaped the controls and oversight mechanisms that help us to ensure effective risk management, full compliance with applicable regulations, and the accurate and complete disclosure of information to the market.
We operate a two-tier board structure consisting of a Supervisory Board and a Managing Board to ensure we have the right checks and balances in place. The Managing Board is responsible for the day-to-day management of the business and for implementing our strategy. The Supervisory Board is responsible for supervising the activities of the Managing Board and advising it.
Regular supervision of significant banks in the Netherlands is conducted by the European Central Bank (ECB) and the Dutch Central Bank (DNB) in joint supervisory teams. The DNB is also responsible for the prudent supervision of smaller banks in the Netherlands, such as NIBC Bank. In addition, NIBC Bank is subject to the supervision of the Dutch financial markets regulator, the Authority for the Financial Markets (AFM). The AFM supervises the behaviour and conduct of NIBC Bank N.V. on the financial markets.
Our international branches in Brussels and Frankfurt are authorised to operate by way of an EEA passport under Directive 2013/36/EU. These branches are also regulated by their host state supervisory authorities for the conduct of designated investment business in Belgium and Germany respectively. The branch in Frankfurt is also under the residual regulation of the BaFin in accordance with Sec. 53b of the German Banking Act (Kreditwesengesetz). NIBC’s UK Branch is authorised by the DNB as a branch in a third country. It is, in addition, deemed authorised and regulated in the UK by the Financial Conduct Authority (the FCA), including through its entry into the Temporary Permissions Regime (the TPR) which is operated by the FCA and has effect from the end of the Brexit transition period (i.e. from 1 January 2021). NIBC intends to apply for a third country branch licence from the FCA in order to transition from the TPR in due course, to allow for the continuation of its regulated activities in and into the United Kingdom. Details of the Temporary Permissions Regime, which allows EEA-based firms to operate in the UK for a limited period while seeking full authorisation, are available on the Financial Conduct Authority’s website.
NIBC Credit Management, Inc., our U.S. subsidiary, is licensed by the U.S. Securities and Exchange Commission (SEC) as an investment adviser and regulated under the U.S. Investment Advisers Act of 1940, as amended (Investment Advisers Act).