The Netherlands

Topic: DNB/AFM

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AFM report on SFDR compliance

On 10 November 2022, the Dutch Authority for the Financial Markets (Autoriteit Financiële Markten, the AFM) published the results of an investigation it conducted on the status of compliance of financial undertakings with the Sustainable Finance Disclosure Regulation (Regulation (EU) 2019/2088, SFDR) and the related Taxonomy Regulation (Regulation (EU) 2020/852). The report covers its findings into … Continue Reading

DNB reminds investment firms and UCITS managers of ‘declaration no-objection’ obligations

On 11 October 2022, the Dutch Central Bank (De Nederlandsche Bank, DNB) published a news item in which it reminds investment firms and UCITS managers about their obligations in relation to the declaration no objection (verklaring van geen bezwaar, DNO) that holders of a qualifying holding in these regulated entities are required to obtain. It … Continue Reading

DNB calls on market parties to prepare for MiCA

On 5 October 2022, the final compromise text of the Markets in Crypto-Assets Regulation (MiCA) was published. In this context, the Dutch Central Bank (De Nederlandsche Bank, DNB) published a news item stating that DNB welcomes this new regulation of the European crypto markets. According to DNB, uniform rules for crypto markets are important for … Continue Reading

DNB on transactions with non-EU registered crypto service providers

On 6 October 2022, the Dutch Central Bank (De Nederlandsche Bank, DNB) published a news item in which the regulator comments on transactions taking place between crypto service providers registered in the Netherlands and crypto service providers based outside of the EU which are not registered (non-EU crypto service providers). DNB indicates that when a … Continue Reading

AFM announces investigation into SFDR and Taxonomy Regulation compliance by fund managers

On 8 September 2022, the Dutch Authority for the Financial Markets (Autoriteit Financiële Markten, the AFM) announced that this fall, it will investigate the status of investment fund managers’ compliance with the Sustainable Finance Disclosure Regulation (Regulation (EU) 2019/2088, SFDR) and the related Taxonomy Regulation (Regulation (EU) 2020/852). In 2021, the AFM published a report on … Continue Reading

AFM consults on a supplement to Guideline for investment advice and asset management service providers

On 29 August 2022, the Dutch Authority for the Financial Markets (Autoriteit Financiële Markten, the AFM) published for consultation a supplement to the Guideline for investment advice and asset management service providers (Leidraad advies- en vermogensbeheerdienstverlening, the Guideline). The results of research conducted by the AFM, which were published earlier this year, show that there … Continue Reading

DNB consultation of Q&A on retention bonuses

The Dutch Central Bank (De Nederlandsche Bank, DNB) has launched a public consultation on a Q&A regarding retention bonuses (retentievergoedingen) within the meaning of Article 1:122 of the Act on the Financial Supervision (Wet op het financieel toezicht, the AFS). In this Q&A DNB provides guidance on when DNB’s prior consent is required for a … Continue Reading

DNB to investigate effectiveness of sanctions screening tools this fall

The Dutch Central Bank (De Nederlandsche Bank, DNB) has announced that it will be starting an investigation into the effectiveness of the sanctions screening tools of banks and payment institutions. Given the global developments around sanctions, and in addition to DNB’s on-going investigation into compliance with Dutch sanctions legislation (primarily focusing on the administrative organisation … Continue Reading

Public consultation on changes to the Suitability Policy Rule 2012

On 15 July 2022, the Dutch Authority for the Financial Markets (Autoriteit Financiële Markten, AFM) and the Dutch Central Bank (De Nederlandsche Bank, DNB) published for public consultation a draft Decree amending the Suitability Policy Rule 2012 (Besluit tot wijziging van de Beleidsregel Geschiktheid 2012, the Amendment Decree). The Suitability Policy Rule 2012 (Beleidsregel Geschiktheid 2012) clarifies what the AFM … Continue Reading

DNB and AFM on risk committee and remuneration committee for investment firms

On 5 July 2022, the Dutch Central Bank (De Nederlandsche Bank, DNB) and the Dutch Authority for Financial Markets (Autoriteit Financiële Markten, the AFM) jointly published a news article on the obligation for certain investment firms to establish a risk committee and a remuneration committee. Risk committee The Investment Firms Directive (Directive (EU) 2019/2034, IFD) … Continue Reading

DNB publishes amendments to Regulation specific provisions CRD and CRR 2019 for public consultation

On 24 June 2022, the Dutch Central Bank (De Nederlandsche Bank, DNB) published the Amendment Regulation specific provisions CRD and CRR 2019 (Wijzigingsregeling Regeling specifieke bepalingen CRD en CRR 2019, the Amendment Regulation) for public consultation. The Fourth Capital Requirements Directive (CRD4) and the Capital Requirements Regulation (CRR) have recently been amended. These amendments, also … Continue Reading

DNB publishes legislative letter for 2022

On 14 April 2022, the Dutch Central Bank (De Nederlandsche Bank, DNB) published its annual legislative letter (wetgevingsbrief) for 2022. DNB annually submits this letter to the Dutch Minister of Finance (the Minister). The letter describes European and national developments relevant to the supervision on the financial sector and the legislative changes desired by DNB to … Continue Reading

AFM publishes legislative letter for 2022

On 14 April 2022, the Dutch Authority for the Financial Markets (Autoriteit Financiële Markten, the AFM) published its legislative letter (wetgevingsbrief) for 2022. The AFM annually submits this letter to the Dutch Minister of Finance (the Minister). The letter describes European and national developments relevant to the supervision on the financial sector and set outs the … Continue Reading

Annual integrity risk reporting to DNB

Each year the Dutch Central Bank (De Nederlandsche Bank, DNB) investigates the inherent integrity risks of money laundering, financing of terrorism and corruption faced by financial institutions, as well as the measures taken by financial institutions to mitigate such risks. For this purpose, DNB has been requesting financial institutions to complete its questionnaire on integrity … Continue Reading

AFM identifies shortcomings in online brokerage advertising

On 12 April 2022, the Dutch Authority for the Financial Markets (Autoriteit Financiële Markten, the AFM) published the results of its investigation into advertisements (reclame-uitingen) of investment firms. For its investigation, the AFM reviewed advertisements of four investment firms in the fall of 2021. Each advertisement needs to independently comply with the applicable requirements. A … Continue Reading

DNB calls on small and medium-sized Dutch banks to identify and manage climate-related and environment risks

On 6 April 2022, the Dutch Central Bank (De Nederlandsche Bank, DNB) published a news item about the result of its assessment on the identification, measurement and management of climate-related and environmental risk at small and medium-sized Dutch banks. In November 2020, the European Central Bank (ECB) published the Guide on climate-related and environment risks … Continue Reading

DNB: Insurers and pension funds have insufficient insight into outsourcing chains

On 6 April 2022, the Dutch Central Bank (De Nederlandsche Bank, DNB) published two news items about the management of outsourcing risks by insurers and pension funds. In 2020 and 2021, DNB reviewed the way in which insurers and pension funds manage outsourcing risks. DNB concludes that service providers to whom insurers and pension funds … Continue Reading

AFM special publication on sustainability transition

On 28 February 2022, the Dutch Authority for the Financial Markets (Autoriteit Financiële Markten, the AFM) published a special publication containing the key take-aways from its round table meetings that took place on 24 January and 10 February 2022. The key topic of these round table meetings was transparency about the impact companies have on … Continue Reading

DNB consults good practices ESG risk management for pension funds

On 28 February 2022, the Dutch Central Bank (De Nederlandsche Bank, DNB) published for public consultation a good practices document covering environmental, social and governance (ESG) risk management for pension funds (the Good Practices Document). With the Good Practices Document, DNB aims to provide guidance to pension funds for the organisation of their risk management … Continue Reading

The AFM examines quality of order execution on PFOF trading venues

On 9 February 2022, the Dutch Authority for the Financial Markets (Autoriteit Financiële Markten, the AFM) published the results of a study into the quality of order execution on payment for order flow (PFOF) trading venues. The report containing the AFM’s findings is titled ‘Assessing the quality of executions on trading venues: The “Comparative Pricing … Continue Reading

AFM introduces procedure for simplified settling of administrative fines

On 18 January 2022, the Dutch Authority for the Financial Markets (Autoriteit Financiële Markten, the AFM) published a procedure for settling administrative fines in a simplified manner (the Procedure). The AFM will be able to provide offenders with the opportunity to settle an administrative fine imposed by the AFM in a simplified manner. If the … Continue Reading

AFM publishes its supervision agenda for 2022

On 13 January 2021, the Dutch Authority for the Financial Markets (Autoriteit Financiële Markten, the AFM) published its supervision agenda for 2022 (the AFM Agenda 2022). The AFM Agenda 2022 follows on and links specific actions and priorities to trends and risks listed in the AFM’s Trend Monitor 2022 (Trendzicht 2022), the AFM’s annual analysis … Continue Reading

AFM reminds ‘finfluencers’ of the applicable rules

On 20 December 2021, the Dutch Authority for the Financial Markets (Autoriteit Financiële Markten, the AFM) published a report with the results of an exploratory study into investor protection requirements relating to social media posts titled “The pitfalls of ‘finfluencing’” (the Report). The Report is based on an exploratory study carried out by the AFM … Continue Reading

DNB publishes its supervisory plans for 2022

On 7 December 2021, the Dutch Central Bank (De Nederlandsche Bank, DNB) published an updated version of its plan ‘Vision on Supervision’ (Visie op Toezicht) (the Plan). The Plan sets out the supervisory topics that DNB will be spearheading until 2024 (building on some topics which were included in the previous version) and provides insight … Continue Reading
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