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Protection: Negative Balance Protection
The Dutch Authority for the Financial Markets (AFM) has been responsible for supervising the operation of the financial markets since 1 March 2002. This means that AFM supervises the conduct of the entire financial market sector: savings, investment, insurance, loans, pensions, capital markets, asset management, accountancy and financial reporting.
AFM takes national measures mirroring ESMA’s product intervention measures: AFM will prohibit Binary Options and restrict the marketing, distribution or sale of CFDs to retail investors.These measures are applicable to investment firms based in The Netherlands as well as to investment firms from another EU member state active in The Netherlands through a branch or by means of the European pass porting regime.
AFM is committed to promoting fair and transparent financial markets. As an independent market conduct authority, it contributes to a sustainable financial system and prosperity in the Netherlands.
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1. Safety of Client Funds:
Clients funds should be put into segregated accounts.
2. Requirement on Forex Brokers' Reports:
Annual Audit Reports.
3. Regulatory Framework:
Market Finance Regulation.
Generally speaking, AFM-regulated broker profile will be found at the License registers page on AFM website. Try to find it and check if it will match the info from the broker website.
The detailed steps are as below:
1. Find the name of the forex broker, which you can get from the broker's website;
2. Enter the name into the search bar on https://www.afm.nl/en/sector/registers/vergunningenregisters ;
3. And you'll get the broker's profile on AFM website. At this time you need to check if the broker has the authorization to provide 'C9 - Financial contracts for differences' under 'Financial instruments' or 'B4 - Foreign exchange transactions in investment services' under 'Additional activities';
If the broker holds an EU-passport (incoming), you need to check further information in its home state regulator.
When you have disputes with a AFM-regulated broker, you can proceed the following ways:
1st way: The recommended way is to contact the broker directly and discuss with them to find a solution.
2nd way: If the response was not what you were hoping for, you have the following options:
● Contact the Klachteninstituut Financiële Dienstverlening (Kifid)
You can either send the complaint by post: Postbus 93257, 2509 AG, DEN HAAG or file a complaint online after creating an account: https://consument.kifid.nl/ (in Dutch only)
Complaint Form: https://www.kifid.nl/wp-content/uploads/2020/08/KIFID-Klachtenform-consumentenloket-versie-aug-2020.pdf
● You can also contact AFM.
Contact
Web form: https://www.afm.nl/en/consumenten/contact
Address: Netherlands Authority for the Financial Markets (AFM), P.O. box 11723, 1001 GS, AMSTERDAM, The Netherlands
Phone: +31(0)20-797 2000
Fax: +31(0)20-797 3800
E-mail: info@afm.nl
3rd way: If the 2 ways above can't solve the dispute, the last way is to issue a case to the court in Netherlands.
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