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

By Floortje Nagelkerke (NL) & Julia van der Grint on September 1, 2022
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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 are significant differences on expected returns determined by investment firms. When providing investment advice or asset management, investment firms are required to assess whether a certain portfolio is suitable for the client. This portfolio should match with the objectives, risk appetite and financial position of the client. To this end, investment firms are required to present a realistic expected return to their clients. The AFM found that investment firms use different methods and assumptions which means that there is wide variation in the expected return for investors with a similar profile.

The AFM therefore considers it necessary that investment firms present a realistic expected return. In order to achieve this the AFM has published for consultation a supplement to the Guideline, which describes its expectations with regard to a qualitative good calculation method of realistic returns. The AFM describes the characteristics of a good calculation method for expected returns, including, but not limited to, a traceable and recorded calculation, an annual update of the calculation method and sufficient transparency about the calculation and the outcome. In addition, the supplement includes several examples of good practices, as well as examples of inadequate practices.

The consultation document is available here (Dutch only). The consultation period ends on 29 September 2022.

Photo of Floortje Nagelkerke (NL) Floortje Nagelkerke (NL)
Read more about Floortje Nagelkerke (NL)Email
Photo of Julia van der Grint Julia van der Grint

Julia van der Grint is a financial services lawyer based in Amsterdam.

She advises clients on a wide range of regulatory and compliance aspects relevant to financial institutions, such as investment firms, trading platforms, payment institutions, insurers, fund managers and clearing and settlement…

Julia van der Grint is a financial services lawyer based in Amsterdam.

She advises clients on a wide range of regulatory and compliance aspects relevant to financial institutions, such as investment firms, trading platforms, payment institutions, insurers, fund managers and clearing and settlement institutions. Julia has developed particular knowledge of blockchain and cryptocurrencies, and advises crypto-asset services providers, crypto exchanges, payments providers and financial institutions on the regulatory issues related to the deployment of these technologies. She also advises on Dutch licence application and notification requirements and assists companies in their licence or notification processes with the Dutch Authority for Financial Markets and the Dutch Central Bank. Additionally, she assists companies in their contacts with these supervisory authorities and represents companies in enforcement procedures.

In addition, she has previously advised banks, other financial institutions and corporates in an array of transactions, both domestic and cross-border. This includes, among others, advising lenders and lender-groups in corporate restructurings and other insolvency related matters.

Prior to joining the team as an associate, Julia gained experience with the Amsterdam office as a student worker.

Read more about Julia van der GrintEmail
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  • Posted in:
    Banking, Finance and Securities
  • Blog:
    Global Regulation Tomorrow
  • Organization:
    Norton Rose Fulbright
  • Article: View Original Source

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