These rules apply to:
  • credits
  • insurances
  • products concerning payment
  • products concerning savings and deposits
  • investments

The Netherlands Authority for the Financial Markets (Autoriteit Financiƫle Markten, AFM) states the requirements that the information must satisfy for each product and service.

Duty of care

Financial providers owe a duty of care to their clients. This means they may only sell financial products that are appropriate for their customer. When identifying any breaches, AFM may intervene and impose sanctions.

Provision of information loans

If you offer loans, you must inform your clients about the credit conditions and costs before concluding the credit agreement. You do this in the form of an annual cost percentage. Your client can still cancel the credit agreement without stating reasons within 14 days. Your client may also cancel the agreement if you included a condition in the agreement that you did not mention in advance. If you are guilty of unfair trading practices, your client may recover any damage from you as a trader or credit provider.

If you offer mortgages, you must explain the structure of the variable interest rate, among other things, to your client. You must do this before concluding the mortgage. If the fixed interest period will come to expire, you must make a new offer 3 months in advance.

Service document and ban on commission

Intermediaries who give advice about or sell their clients financial products that are subject to the ban on commission, are obliged to provide a service document to them. In this document they show the services they offer and the costs involved. They are no longer paid by commission, but have to send their client a bill instead. Clients can agree on a fixed rate or an hourly rate in advance.

Prospectus

If you want to offer transferable securities, such as shares and bonds, to the public or want to trade them on a regulated market, you need a prospectus approved by the Netherlands Authority for the Financial Markets (AFM). Your prospectus will set out the terms of the issue. An approved prospectus enables you to offer securities throughout the European Union. You will have to pay an application fee for the approval of a prospectus.