Legal requirements

In the Netherlands, it is legally required to have an AFM licence when investments are offered. However, this licence is not required if an exemption applies. This exemption applies, for example, to investment objects with a value higher than € 100.000.

When you decide to issue tokens via our platform, we make sure that you are in compliance with the applicable legal framework.

Legal framework

The supervision of financial enterprises is regulated in the Act on Financial Supervision [Wet financieel toezicht] (Wft). The financial product referred to as an investment object is incorporated in the Wft. You do not need a licence for four types of investment objects.

  • Investment objects that you offer to fewer than a hundred consumers.  
  • Investment objects that are part of a series comprising fewer than 20 investment objects, each with identical characteristics.  
  • Investment objects of indeterminate value.  
  • Investment objects that you offer for at least EUR 100,000 per object. 

In the Netherlands, it is legally required to have an AFM licence when investments are offered. However, this licence is not required if an exemption applies. This exemption applies, for example, to investment objects with a value higher than € 100.000 per object. 

If you do not require a licence, your product offerings of investment objects, advertisements and other documents promoting such product offerings (proposals for example) have to include the exemption notice, in order to make it clear that you do not have a licence from the AFM.

Exemption notice

As of 1 January 2012, institutions that invoke a supervision exemption for an activity are obliged to include an exemption notice in their promotional statements, consisting of a sentence and a symbol. The obligation applies to institutions that are exempt from both supervision by the AFM and from the licence requirement and/or the prospectus requirement. Optional sentences in English are also provided; these are only to be used in combination with one or more of the aforementioned compulsory sentences in Dutch. 

KYC

Our KYC/AML policies (on anti-money laundering, sanctions, and anti-bribery and corruption) aim to ensure that we and our clients (the investment platforms we facilitate) comply with all relevant legislation. Furthermore, our policies aim at identifying and mitigating risks that might endanger our aim to comply with these legislations.

Before being accepted as an investor in any investment opportunity facilitated via us, a KYC-verification will take place.

Information document

Offers of securities with a total consideration of less than € 5 million must be notified in advance to the AFM. The offerer must also make the Information Document available to investors. The Information Document contains information on the costs, risks and return of the investment. The form of the Information Document is prescribed by law and is the same for each exempted investment. The Information Document and the investment have not been reviewed by the AFM. It remains an exempt investment that is not subject to supervision by the AFM.

We will prepare the required Information Document for our clients.