Dutch AFM on Licensing Requirements for Institutions Invested in Crypto

The Dutch financial regulator, The Netherlands Authority for the Financial Markets (AFM) has published a letter addressed to new and currently existing institutions invested in cryptocurrencies. The letter seeks to inform that certain cryptocurrency investment activities may require licensing from the AFM, however, expresses “serious doubts” as to “whether managers of investment institutions in cryptos can meet the requirements for licensing.”

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Dutch Financial Regulator Issues Letter to Investment Institutions Operating With Cryptocurrencies

The letter seeks to address individuals seeking to apply as an administrator of an investment institution in cryptos, in addition to “existing […] administrator[s] of an investment institution active in cryptos, or [individuals] planning an investment institution to manage cryptos.”

The AFM states that it is placing the “heavy requirements” on institutions investing in cryptocurrencies due to “strong concern[s]” as to whether managers of investment institutions who invest in cryptos are able to meet the full licensing requirements. The AFM’s concerns principally regard “the sharp increase in interest in new market parties to provide these services in combination with the usually limited knowledge about applicable regulations,” which generally results in “ignorance” as to how to meet “supervisory standards in practice.”

The AFM also requests that investment institution inform the agency regarding “any desired expansion of [cryptocurrency] product offering[s]” well in advance of providing such.

Licensing Requirements for Dutch Investment Institutions

The AFM to clarify what circumstances in which the administrator for an investment institution will be required to seek licensing from the regulator. The letter states that the “threshold value for an administrator of (an) open-end investment institution (s) [is] €100 million [approximately $1,162 million USD].”

“An administrator of an investment institution must obtain a number of important licenses to [meet] licens[ing] requirements,” the AFM continues. “These requirements are intended to include to protect the interests of retail investors and to ensure the proper functioning of retail investors market. No distinction is made between different forms of investing.”

The AFM has “drawn up a number of questions” that administrators of institutions invested in cryptocurrencies will be required to answer in order to apply for the required licensing. Said requirements pertain to the institution’s liquidity management, valuation protocols, the product development process, and storage considerations.

What is your response to the AFM’s new licensing apparatus for institutions invested in cryptocurrencies? Share your thoughts in the comments section below!

Images courtesy of Shutterstock, www.afm.nl

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