3. What types of activities require a license in your jurisdiction?
What types of activities require a license in your jurisdiction?

A broad range of financial activities are subject to supervision in the Netherlands. Many undertakings operating in the financial sector require either a license or are under an obligation to notify the relevant supervisor of their intent to carry out their business in the Netherlands. These undertakings include the following:

  • Banks – Banks (or more specifically, credit institutions) are entities whose business is to receive repayable funds, beyond a restricted circle, from parties other than professional market operators and which grant credits for their own account. There is a general prohibition on accepting repayable funds (such as deposits)in the Netherlands without being appropriately licensed or otherwise authorized. 
  • Insurers –This includes life, non-life, funeral expenses and benefits in kind insurers as well as reinsurers.
  • Payment service providers – Regulated payment services include a broad range of activities, such as executing payment transactions, money remittance, issuing and/or acquiring payment instruments, account information services and payment initiation services.
  • Trust offices – A trust office is a legal entity, partnership or natural person that provides one or more trust services on a commercial basis, including acting as director, providing an address or correspondence, acting as trustee, etc.
  • Clearing institutions – Clearing institutions settle transactions relating to financial instruments through a central counterparty, thereby guaranteeing the commitments of the traders  on whose behalf they act.
  • Electronic money institutions – Electronic money institutions issue “electronic money” in exchange for legal currency. Electronic money is a prepaid electronic payment product, which can be card- or account-based and is represented as a balance in an electronic wallet or on a physical card.
  • Pension funds – “Ordinary” pension funds are required to notify DNB of their establishment. "Premium" pension funds — a new form of pension administrator — are subject to licensing requirements and may operate on a cross-border basis.
  • Money transactions offices – This covers institutions that pursue the business of performing exchange transactions consisting of currency exchange transactions or the payment of notes and coins upon presentation of credit card or a check.
  • Collective investment schemes and their managers – Collective investment schemes cover undertakings for collective investment in transferable securities (UCITS) and alternative investment funds (AIFs). Regulations relating to AIFs and UCITS are mainly addressed to the fund’s manager, rather than the fund itself.
  • Settlement agents – Settlement agents provide services aimed at relaying requests that relate to the approval of payment orders, approving such orders on behalf of payment service providers, or certain particular netting services.
  • Investment firms – This includes undertakings offering investment advice, asset management services or execution-only services in relation to financial instrument trading. In addition, certain firms engaging in own account trading in financial instruments may also qualify as investment firms.
  • Financial service providers – "Financial service providers" refers to a broad range of undertakings and includes undertakings that — for example — offer certain financial products, provide advisory services, or act as an intermediary.

Please note that in the Wwft, an additional registration requirement has been introduced for providers of crypto wallets and crypto exchange services. While this is not a license obligation, registration does require quite a detailed application form and requirements, including screening of (co)policymakers by DNB.