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Article 425

  • 1

    A financial undertaking shall, when dealing with the participant, consumer or, if it concerns a financial instrument or insurance, the client, comply with further rules to be laid down by or pursuant to a general order in council with regard to the due diligence to be observed. Further rules regarding the due diligence to be observed are understood to include rules regarding the costs charged by the financial enterprise if the participant, consumer or client terminates an agreement regarding a financial service or a financial product and enters into an agreement regarding that financial service or financial product with another financial enterprise.

  • 2

    The Netherlands Authority for the Financial Markets may, upon application, grant an exemption in whole or in part, for a limited period of time or otherwise, from the provisions under the first paragraph to the extent that it does not relate to advising on financial instruments or managing an individual's assets, if the applicant demonstrates that it cannot reasonably be complied with and that the purposes intended to be achieved by this article are otherwise achieved.

  • 3

    The nomination for an order in council to be adopted pursuant to subsection 1 that seeks to amend an order in council already adopted pursuant to that subsection shall not be made until four weeks after the draft has been submitted to both Houses of the States General, except if, in the opinion of Our Minister, the adoption of the order in council is urgent.

Information valid on 01-05-2021

Regulations based on this article (delegated regulations)

  1. Controlled Remuneration Policy Decree Wft

  2. Decree on Conduct of Business Supervision of Financial Undertakings Wft.

  3. Regulated Markets Decree Wft

  4. Decree implementing revised Investment Institutions Directive

  5. Decree implementing regulation essential information documents

  6. Payment Accounts Directive Implementation Decree

  7. Amendments Decree on Conduct Supervision of Financial Undertakings Decree, etc. (credit agreements for consumers relating to residential property)

  8. Financial Markets Amendment Decree 2012

  9. Financial Markets Amendment Decree 2013

  10. Financial Markets Amendment Decree 2015

Policies and circulars that have this article as legal authority

No

Articles or similar text referring to this article

  1. Controlled Remuneration Policy Decree Wft

  2. Financial Sector Administrative Fines Decree
    article: 10

  3. Decree on Conduct of Business Supervision of Financial Undertakings Wft
    section: 8.2.2

  4. Regulated Markets Decree Wft

  5. Decree implementing revised Investment Institutions Directive

  6. Decree implementing regulation essential information documents

  7. Payment Accounts Directive Implementation Decree

  8. Introduction and Adjustment Act Financial Supervision Act
    Art: 48

  9. Implementation Regulation Wft
    article: 10

  10. Wft exemption regulation
    article: 37, 49

  11. Financial Supervision Act
    annex: to article 1:80 Financial Supervision Act
    article: 2:67, 2:68, 4:2c, 1:19, 4:2e

  12. Amendments Decree on Conduct Supervision of Financial Undertakings Decree, etc. (credit agreements for consumers relating to residential property)

  13. Financial Markets Amendment Decree 2012

  14. Financial Markets Amendment Decree 2013

  15. Financial Markets Amendment Decree 2015

Summary of changes for this article

(01-05-2021)

Origination source

Entry into force

Effective date

Retroactivity

Subject

Signature

Announcement

Chamber documents

Signature

Announcement

Note

2008

modification

2007

Stb. 2007, 577

30432

2007

Stb. 2007, 577

2007

modification

2007

Stb. 2007, 406

31086

2007

Stb. 2007, 408

2007

new-arrangement

2006

Stb. 2006, 475

29708

2006

Stb. 2006, 664