| Each Member State shall be legally required to prepare a national risk assessment that outlines appropriate steps to identify, assess, understand and mitigate the risks of money laundering and terrorist financing affecting it. |
Yes. Our Minister of Finance and Our Minister of Justice and Security jointly publish a report on the identified, analyzed, and assessed national risks of money laundering and terrorist financing referred to in Article 7 of the Fourth Anti-Money Laundering Directive. This report is updated every two years.
(Article 1f of Anti-Money Laundering and Counter-Terrorism Financing Act) |
| Member states shall be legally required to keep the national risk assessment up to date and review it at least every 4 years. |
Yes. Our Minister of Finance and Our Minister of Justice and Security jointly publish a report on the identified, analyzed, and assessed national risks of money laundering and terrorist financing referred to in Article 7 of the Fourth Anti-Money Laundering Directive. This report is updated every two years.
(Article 1f of Anti-Money Laundering and Counter-Terrorism Financing Act) |
| Member states should legally designate an authority or mechanism to co-ordinate actions to assess risks. |
Yes. Our Minister of Finance and Our Minister of Justice and Security jointly publish a report on the identified, analyzed, and assessed national risks of money laundering and terrorist financing referred to in Article 7 of the Fourth Anti-Money Laundering Directive. This report is updated every two years.
(Article 1f of Anti-Money Laundering and Counter-Terrorism Financing Act) |
| The following conduct, when committed intentionally, is punishable as a criminal offence: the conversion or transfer of property, knowing that such property is derived from criminal activity, for the purpose of concealing or disguising the illicit origin of the property or of assisting any person who is involved in the commission of such an activity to evade the legal consequences of that person’s action; |
Yes. Anyone guilty of money laundering shall be punished with imprisonment of up to six years or a fine of the fifth category: a. b. 2 he who conceals or disguises the true nature, origin, location, alienation or movement of an object, or conceals or disguises who the rightful owner of an object is or who has it in his possession, while he knows that the object originates – directly or indirectly – from any crime; he who acquires, possesses, transfers or converts an object or uses an object while he knows that the object is – directly or indirectly – derived from a crime. Objects are understood to mean all things and all property rights. Article 420bis.1 Money laundering that consists solely of acquiring or possessing an object directly derived from any criminal offence is punishable as simple money laundering with a prison sentence of up to six months or a fine of the fourth category. Article 420ter 1 Anyone who makes a habit of money laundering shall be punished with a prison sentence of not more than eight years or a fine in the fifth category. 2 The same penalty shall be imposed on anyone who is guilty of money laundering in the exercise of his profession or business. Article 420quater 1 Anyone guilty of money laundering shall be punished with imprisonment of not more than two years or a fine of the fifth category: a. b. he who conceals or disguises the true nature, origin, location, alienation or movement of an object, or conceals or disguises who the rightful owner of an object is or who has it in his possession, while he should reasonably suspect that the object originates – directly or indirectly – from any crime; he who acquires, possesses, transfers or converts an object or uses an object while he has reasonable grounds to suspect that the object is – directly or indirectly – derived from any crime. https://wetten.overheid.nl/BWBR0001854/2025-07-01 91/1012 Objects are understood to mean all things and all property rights. Article 420quater.1 Money laundering that consists solely of acquiring or possessing an object directly derived from any criminal offence is punishable as simple money laundering with a prison sentence of not more than three months or a fine in the fourth category. Article 420quinquies In the event of conviction for one of the offences referred to in Articles 420a to 420c.1, the offender may be ordered to be deprived of the rights referred to in Article 28, paragraph 1, under 1°, 2° and 4° , and may be deprived of the exercise of the profession in which he committed the offence.
(Article 420 - article 420 quinqianes of Anti-Money Laundering and Counter-Terrorism Financing Act) |
| The following conduct, when committed intentionally, is punishable as a criminal offence: the concealment or disguise of the true nature, source, location, disposition, movement, rights with respect to, or ownership of, property, knowing that such property is derived from criminal activity; |
Yes. Anyone guilty of money laundering shall be punished with imprisonment of up to six years or a fine of the fifth category: a. b. 2 he who conceals or disguises the true nature, origin, location, alienation or movement of an object, or conceals or disguises who the rightful owner of an object is or who has it in his possession, while he knows that the object originates – directly or indirectly – from any crime; he who acquires, possesses, transfers or converts an object or uses an object while he knows that the object is – directly or indirectly – derived from a crime. Objects are understood to mean all things and all property rights. Article 420bis.1 Money laundering that consists solely of acquiring or possessing an object directly derived from any criminal offence is punishable as simple money laundering with a prison sentence of up to six months or a fine of the fourth category. Article 420ter 1 Anyone who makes a habit of money laundering shall be punished with a prison sentence of not more than eight years or a fine in the fifth category. 2 The same penalty shall be imposed on anyone who is guilty of money laundering in the exercise of his profession or business. Article 420quater 1 Anyone guilty of money laundering shall be punished with imprisonment of not more than two years or a fine of the fifth category: a. b. he who conceals or disguises the true nature, origin, location, alienation or movement of an object, or conceals or disguises who the rightful owner of an object is or who has it in his possession, while he should reasonably suspect that the object originates – directly or indirectly – from any crime; he who acquires, possesses, transfers or converts an object or uses an object while he has reasonable grounds to suspect that the object is – directly or indirectly – derived from any crime. https://wetten.overheid.nl/BWBR0001854/2025-07-01 91/1012 Objects are understood to mean all things and all property rights. Article 420quater.1 Money laundering that consists solely of acquiring or possessing an object directly derived from any criminal offence is punishable as simple money laundering with a prison sentence of not more than three months or a fine in the fourth category. Article 420quinquies In the event of conviction for one of the offences referred to in Articles 420a to 420c.1, the offender may be ordered to be deprived of the rights referred to in Article 28, paragraph 1, under 1°, 2° and 4° , and may be deprived of the exercise of the profession in which he committed the offence.
(Article 420 - article 420 quinqianes of Anti-Money Laundering and Counter-Terrorism Financing Act) |
| The following conduct, when committed intentionally, is punishable as a criminal offence: the acquisition, possession or use of property, knowing at the time of receipt, that such property was derived from criminal activity. |
Yes. Anyone guilty of money laundering shall be punished with imprisonment of up to six years or a fine of the fifth category: a. b. 2 he who conceals or disguises the true nature, origin, location, alienation or movement of an object, or conceals or disguises who the rightful owner of an object is or who has it in his possession, while he knows that the object originates – directly or indirectly – from any crime; he who acquires, possesses, transfers or converts an object or uses an object while he knows that the object is – directly or indirectly – derived from a crime. Objects are understood to mean all things and all property rights. Article 420bis.1 Money laundering that consists solely of acquiring or possessing an object directly derived from any criminal offence is punishable as simple money laundering with a prison sentence of up to six months or a fine of the fourth category. Article 420ter 1 Anyone who makes a habit of money laundering shall be punished with a prison sentence of not more than eight years or a fine in the fifth category. 2 The same penalty shall be imposed on anyone who is guilty of money laundering in the exercise of his profession or business. Article 420quater 1 Anyone guilty of money laundering shall be punished with imprisonment of not more than two years or a fine of the fifth category: a. b. he who conceals or disguises the true nature, origin, location, alienation or movement of an object, or conceals or disguises who the rightful owner of an object is or who has it in his possession, while he should reasonably suspect that the object originates – directly or indirectly – from any crime; he who acquires, possesses, transfers or converts an object or uses an object while he has reasonable grounds to suspect that the object is – directly or indirectly – derived from any crime. https://wetten.overheid.nl/BWBR0001854/2025-07-01 91/1012 Objects are understood to mean all things and all property rights. Article 420quater.1 Money laundering that consists solely of acquiring or possessing an object directly derived from any criminal offence is punishable as simple money laundering with a prison sentence of not more than three months or a fine in the fourth category. Article 420quinquies In the event of conviction for one of the offences referred to in Articles 420a to 420c.1, the offender may be ordered to be deprived of the rights referred to in Article 28, paragraph 1, under 1°, 2° and 4° , and may be deprived of the exercise of the profession in which he committed the offence.
(Article 420 - article 420 quinqianes of Anti-Money Laundering and Counter-Terrorism Financing Act) |
| Aiding and abetting, inciting and attempting a money laundering offence is punishable as a criminal offence. |
Yes. Article 45 1 An attempt to commit a crime is punishable when the perpetrator's intention has manifested itself by beginning to carry out the crime. 2 The maximum principal penalties for the offence shall be reduced by one third in the event of an attempt. 3 If the crime is punishable by life imprisonment, a prison sentence of up to twenty years shall be imposed. 4 The additional penalties for attempt are the same as for the completed crime. /// Article 48 As accomplices to a crime shall be punished: 1st. those who deliberately assist in the commission of the crime; 2°. those who deliberately provide the opportunity, means or information to commit the crime.
(Article 45 and 48 of Anti-Money Laundering and Counter-Terrorism Financing Act) |
| Money laundering offences are punishable by a maximum term of imprisonment of at least four years. |
Yes. Anyone guilty of money laundering shall be punished with imprisonment of up to six years or a fine of the fifth category: a. b. 2 he who conceals or disguises the true nature, origin, location, alienation or movement of an object, or conceals or disguises who the rightful owner of an object is or who has it in his possession, while he knows that the object originates – directly or indirectly – from any crime; he who acquires, possesses, transfers or converts an object or uses an object while he knows that the object is – directly or indirectly – derived from a crime. Objects are understood to mean all things and all property rights. Article 420bis.1 Money laundering that consists solely of acquiring or possessing an object directly derived from any criminal offence is punishable as simple money laundering with a prison sentence of up to six months or a fine of the fourth category. Article 420ter 1 Anyone who makes a habit of money laundering shall be punished with a prison sentence of not more than eight years or a fine in the fifth category. 2 The same penalty shall be imposed on anyone who is guilty of money laundering in the exercise of his profession or business. Article 420quater 1 Anyone guilty of money laundering shall be punished with imprisonment of not more than two years or a fine of the fifth category: a. b. he who conceals or disguises the true nature, origin, location, alienation or movement of an object, or conceals or disguises who the rightful owner of an object is or who has it in his possession, while he should reasonably suspect that the object originates – directly or indirectly – from any crime; he who acquires, possesses, transfers or converts an object or uses an object while he has reasonable grounds to suspect that the object is – directly or indirectly – derived from any crime. https://wetten.overheid.nl/BWBR0001854/2025-07-01 91/1012 Objects are understood to mean all things and all property rights. Article 420quater.1 Money laundering that consists solely of acquiring or possessing an object directly derived from any criminal offence is punishable as simple money laundering with a prison sentence of not more than three months or a fine in the fourth category. Article 420quinquies In the event of conviction for one of the offences referred to in Articles 420a to 420c.1, the offender may be ordered to be deprived of the rights referred to in Article 28, paragraph 1, under 1°, 2° and 4° , and may be deprived of the exercise of the profession in which he committed the offence.
(Article 420 - article 420 quinqianes of Anti-Money Laundering and Counter-Terrorism Financing Act) |
| A prior or simultaneous conviction for the criminal activity from which the property was derived is not a prerequisite for a conviction for money laundering offences |
Yes. Anyone guilty of money laundering shall be punished with imprisonment of up to six years or a fine of the fifth category: a. b. 2 he who conceals or disguises the true nature, origin, location, alienation or movement of an object, or conceals or disguises who the rightful owner of an object is or who has it in his possession, while he knows that the object originates – directly or indirectly – from any crime; he who acquires, possesses, transfers or converts an object or uses an object while he knows that the object is – directly or indirectly – derived from a crime. Objects are understood to mean all things and all property rights. Article 420bis.1 Money laundering that consists solely of acquiring or possessing an object directly derived from any criminal offence is punishable as simple money laundering with a prison sentence of up to six months or a fine of the fourth category. Article 420ter 1 Anyone who makes a habit of money laundering shall be punished with a prison sentence of not more than eight years or a fine in the fifth category. 2 The same penalty shall be imposed on anyone who is guilty of money laundering in the exercise of his profession or business. Article 420quater 1 Anyone guilty of money laundering shall be punished with imprisonment of not more than two years or a fine of the fifth category: a. b. he who conceals or disguises the true nature, origin, location, alienation or movement of an object, or conceals or disguises who the rightful owner of an object is or who has it in his possession, while he should reasonably suspect that the object originates – directly or indirectly – from any crime; he who acquires, possesses, transfers or converts an object or uses an object while he has reasonable grounds to suspect that the object is – directly or indirectly – derived from any crime. https://wetten.overheid.nl/BWBR0001854/2025-07-01 91/1012 Objects are understood to mean all things and all property rights. Article 420quater.1 Money laundering that consists solely of acquiring or possessing an object directly derived from any criminal offence is punishable as simple money laundering with a prison sentence of not more than three months or a fine in the fourth category. Article 420quinquies In the event of conviction for one of the offences referred to in Articles 420a to 420c.1, the offender may be ordered to be deprived of the rights referred to in Article 28, paragraph 1, under 1°, 2° and 4° , and may be deprived of the exercise of the profession in which he committed the offence.
(Article 420 - article 420 quinqianes of Anti-Money Laundering and Counter-Terrorism Financing Act) |
| A conviction for money laundering offences is possible where it is established that the property was derived from a criminal activity, without it being necessary to establish all the factual elements or all circumstances relating to that criminal activity, including the identity of the perpetrator; |
Yes. Anyone guilty of money laundering shall be punished with imprisonment of up to six years or a fine of the fifth category: a. b. 2 he who conceals or disguises the true nature, origin, location, alienation or movement of an object, or conceals or disguises who the rightful owner of an object is or who has it in his possession, while he knows that the object originates – directly or indirectly – from any crime; he who acquires, possesses, transfers or converts an object or uses an object while he knows that the object is – directly or indirectly – derived from a crime. Objects are understood to mean all things and all property rights. Article 420bis.1 Money laundering that consists solely of acquiring or possessing an object directly derived from any criminal offence is punishable as simple money laundering with a prison sentence of up to six months or a fine of the fourth category. Article 420ter 1 Anyone who makes a habit of money laundering shall be punished with a prison sentence of not more than eight years or a fine in the fifth category. 2 The same penalty shall be imposed on anyone who is guilty of money laundering in the exercise of his profession or business. Article 420quater 1 Anyone guilty of money laundering shall be punished with imprisonment of not more than two years or a fine of the fifth category: a. b. he who conceals or disguises the true nature, origin, location, alienation or movement of an object, or conceals or disguises who the rightful owner of an object is or who has it in his possession, while he should reasonably suspect that the object originates – directly or indirectly – from any crime; he who acquires, possesses, transfers or converts an object or uses an object while he has reasonable grounds to suspect that the object is – directly or indirectly – derived from any crime. https://wetten.overheid.nl/BWBR0001854/2025-07-01 91/1012 Objects are understood to mean all things and all property rights. Article 420quater.1 Money laundering that consists solely of acquiring or possessing an object directly derived from any criminal offence is punishable as simple money laundering with a prison sentence of not more than three months or a fine in the fourth category. Article 420quinquies In the event of conviction for one of the offences referred to in Articles 420a to 420c.1, the offender may be ordered to be deprived of the rights referred to in Article 28, paragraph 1, under 1°, 2° and 4° , and may be deprived of the exercise of the profession in which he committed the offence.
(Article 420 - article 420 quinqianes of Anti-Money Laundering and Counter-Terrorism Financing Act) |
| Legal persons can be held liable for the breaches of Regulation (EU) 2024/1624 or Regulation (EU) 2023/1113 committed on their behalf or for their benefit by any person, acting individually or as part of a body of that legal person and having a leading position within that legal person, based on any of the following: a power to represent the legal person; an authority to take decisions on behalf of the legal person; an authority to exercise control within the legal person. |
Yes. Criminal offenses can be committed by natural persons and legal entities. 2 If a criminal offence is committed by a legal entity, criminal proceedings may be instituted and the penalties and measures provided for by law, if appropriate, may be imposed: 1st. against that legal entity, or 2°. against those who gave orders for the act, as well as against those who actually managed the prohibited act, or 3°. against those mentioned under 1° and 2° together. 3 For the application of the previous paragraphs, the following shall be deemed to be equivalent to legal entities: companies without legal personality, partnerships, shipping companies and special purpose assets.
(Article 51 of Anti-Money Laundering and Counter-Terrorism Financing Act) |
| Legal persons can be held liable where the lack of supervision or control has made possible the commission of any money laundering offences for the benefit of that legal person by a person under its authority. |
No. Absent from legal framework
(Absent from legal framework) |
| Legal persons held liable are punishable by criminal or non-criminal fines. |
No. It is unclear what the punishments for legal persons are, as they are not explicitly stated in the legislation
(NoAbsent from legal framework) |
| Legal persons held liable are punishable by other sanctions, such as: exclusion from entitlement to public benefits or aid; temporary or permanent exclusion from access to public funding, including tender procedures, grants and concessions; temporary or permanent disqualification from the practice of commercial activities; placing under judicial supervision; a judicial winding-up order; temporary or permanent closure of establishments which have been used for committing the offence. |
No. It is unclear what the punishments for legal persons are, as they are not explicitly stated in the legislation
|
| In the event of a breach of Regulations (EU) 2024/1624 and (EU) 2023/1113, where obligations apply to legal persons, pecuniary sanctions can be imposed and administrative measures can be applied not only to the legal person, but also to the senior management and to other natural persons who under national law are responsible for the breach. |
Yes. The supervisory authority may impose a penalty payment order in respect of:
a.violation of the provisions of or pursuant to Articles 1e , 2 , 2a , 2b , 2c , 2d , 2e, first and second paragraphs , 2f, first, second and fourth paragraphs , 3, first to ninth and eleventh paragraphs , 3a, first and second paragraphs , 4, first paragraph, second paragraph, second sentence, and third paragraph , 5, first, third and fifth paragraphs , 6 , 7, second paragraph , 8 , 9 , 10, second paragraph , 10c, first paragraph , 11 , 16 , 17, second paragraph , 20a , 20b , 23, first, second and fourth paragraphs , 23a , 23b , 23c, first and third paragraphs , 23e, first and second paragraphs , 23g, first and second paragraphs , 23h, first, second and fourth paragraph , 23i , 23j, first and second paragraphs , 33 , 34 , 35 , 35a and 38 of this Act rules laid down;
b.violation of Article 1a, sixth paragraph , insofar as the violation relates to the rules laid down by or pursuant to the articles referred to in part a;
c.violation of the rules laid down in or pursuant to Articles 4 to 14 and 16, paragraph 1, of the Regulation on information to be included with money transfers;
d.violation of the rules laid down by or pursuant to the Regulation on the auctioning of greenhouse gas emission allowances;
e.violation of the rules laid down by or pursuant to a regulation designated by Order in Council as referred to in Article 1d, fourth paragraph ;
f.violation of Article 5:20 of the General Administrative Law Act ; and
g.failure to comply, or failure to comply in a timely or complete manner, with an instruction as referred to in Article 28 .
(Article 29 of Anti-Money Laundering and Counter-Terrorism Financing Act) |
| Pecuniary sanctions shall be imposed on obliged entities for serious, repeated or systematic breaches, whether committed intentionally or negligently, of the requirements laid down in the following provisions of Regulation (EU) 2024/1624: Chapter II (Internal policies, procedures and controls of obliged entities); Chapter III (Customer due diligence); Chapter V (Reporting obligations); Article 77 (Record retention). |
Yes. The supervisory authority may impose a penalty payment order in respect of:
a.violation of the provisions of or pursuant to Articles 1e , 2 , 2a , 2b , 2c , 2d , 2e, first and second paragraphs , 2f, first, second and fourth paragraphs , 3, first to ninth and eleventh paragraphs , 3a, first and second paragraphs , 4, first paragraph, second paragraph, second sentence, and third paragraph , 5, first, third and fifth paragraphs , 6 , 7, second paragraph , 8 , 9 , 10, second paragraph , 10c, first paragraph , 11 , 16 , 17, second paragraph , 20a , 20b , 23, first, second and fourth paragraphs , 23a , 23b , 23c, first and third paragraphs , 23e, first and second paragraphs , 23g, first and second paragraphs , 23h, first, second and fourth paragraph , 23i , 23j, first and second paragraphs , 33 , 34 , 35 , 35a and 38 of this Act rules laid down;
b.violation of Article 1a, sixth paragraph , insofar as the violation relates to the rules laid down by or pursuant to the articles referred to in part a;
c.violation of the rules laid down in or pursuant to Articles 4 to 14 and 16, paragraph 1, of the Regulation on information to be included with money transfers;
d.violation of the rules laid down by or pursuant to the Regulation on the auctioning of greenhouse gas emission allowances;
e.violation of the rules laid down by or pursuant to a regulation designated by Order in Council as referred to in Article 1d, fourth paragraph ;
f.violation of Article 5:20 of the General Administrative Law Act ; and
g.failure to comply, or failure to comply in a timely or complete manner, with an instruction as referred to in Article 28 .
(Article 29 of Anti-Money Laundering and Counter-Terrorism Financing Act) |
| Supervisors are able to apply administrative measures to an obliged entity, where they identify: breaches of Regulation (EU) 2024/1624 or Regulation (EU) 2023/1113, either in combination with pecuniary sanctions for serious, repeated and systematic breaches, or on their own; weaknesses in the internal policies, procedures and controls of the obliged entity that are likely to result in breaches of the requirements; that the obliged entity has internal policies, procedures and controls that are not commensurate with the risks of money laundering, its predicate offences or terrorist financing to which the entity is exposed. |
Yes. 1The supervisory authority may take appropriate and proportionate measures with regard to establishments referred to in Article 2e, paragraph 1 , to address serious defects requiring immediate action.
2The measures referred to in the first paragraph are of a temporary nature and shall be terminated when the identified defects have been remedied.
(Article 32d of Anti-Money Laundering and Counter-Terrorism Financing Act) |
| Where obliged entities fail to comply with administrative measures applied by the supervisor within the applicable deadlines, supervisors are able to impose periodic penalty payments in order to compel compliance with those administrative measures. |
No. Absent from legal framework
(Absent from legal framework) |
| Supervisors are required to publish on their website, in an accessible format, decisions imposing pecuniary sanctions, applying administrative measures or imposing periodic penalty payments. |
Yes. 1The supervisory authority makes public a decision to impose an administrative sanction pursuant to this Act. The publication shall take place as soon as the decision has become final.
2If an objection, appeal, or further appeal has been lodged against a decision as referred to in the first paragraph, the outcome thereof shall be made public together with the decision.
3In addition to Article 5:2, paragraph 1, part a, of the General Administrative Law Act, an administrative sanction is also understood to mean: the termination or restriction of a right or power by the supervisory authority due to an infringement, as well as the imposition of a prohibition.
(Article 32f of Anti-Money Laundering and Counter-Terrorism Financing Act) |
Beneficial ownership of legal persons and legal arrangements |
| Beneficial ownership information must be held in a central register in the Member State where the legal entity is created or where the trustee of an express trust or person holding an equivalent position in a similar legal arrangement is established or resides, or from where the legal arrangement is administered. |
Yes. The Trade Register shall record who the ultimate beneficial owner or beneficial owners are of companies or other legal entities as referred to in Article 10a, paragraph 2, of the Anti-Money Laundering and Counter-Terrorism Financing Act that are registered in the Trade Register in accordance with Articles 5 or 6, paragraph 1 , with the exception of owners' associations and other private law legal entities as referred to in Article 6, paragraph 1, part b .
(Article 15a Trade Register Act 2007) |
| Member States shall ensure that the entities in charge of the central registers are empowered to request from legal entities, trustees of any express trust and persons holding an equivalent position in a similar legal arrangement, and their legal and beneficial owners, any information necessary to identify and verify their beneficial owners, including resolutions of the board of directors and minutes of their meetings, partnership agreements, trust deeds, power of attorney or other contractual agreements and documentation. |
Yes. Our Minister of Finance is authorized to request information from a company or other legal entity whose ultimate beneficial owners are registered in the Trade Register pursuant to Article 15a, paragraph 1 , which he reasonably needs for the performance of his task referred to in Articles 47a and 47b . The companies and other legal entities are obliged to provide Our Minister of Finance, within the reasonable period stipulated by him, with all cooperation that the latter may reasonably request in the exercise of this authority.
2The first paragraph applies mutatis mutandis to an institution that has made a report as referred to in Article 10c, first paragraph, of the Anti-Money Laundering and Counter-Terrorism Financing Act .
(Article 48 Trade Register Act 2007) |
| Entities in charge of the central registers are required to verify, within a reasonable time upon submission of the beneficial ownership information, and on a regular basis thereafter, that such information is adequate, accurate and up to date. |
Yes. Once every three years, the Chamber shall have the implementation of this Act as well as the accuracy of the data recorded in the Trade Register verified by an accountant as referred to in Article 393 of Book 2 of the Civil Code .
(Article 41 Trade Register Act 2007) |
| Competent authorities, if appropriate and to the extent that such requirement does not interfere unnecessarily with their functions, are required to report to the entities in charge of the central registers any discrepancies they find between information available in the central registers and the information available to them. |
Yes. A competent authority designated pursuant to Article 28, paragraph 2 , shall notify the Chamber of any discrepancy it finds between information regarding a beneficial owner that it has provided.
obtained from the Trade Register and the information regarding that ultimate beneficial owner that it possesses from other sources.
(Article 28 Trade Register Act 2007) |
| The information contained in the central registers must include any change to the beneficial ownership of legal entities and legal arrangements and to nominee arrangements, following their first recording in the central register. |
No. Absent from legal framework
(Absent from legal framework) |
| The entity in charge of the central register is empowered, whether directly or by application to another authority, including judicial authorities, to carry out checks, including on-site inspections at the business premises or registered office of legal entities, in order to establish the current beneficial ownership of the entity and to verify that the information submitted to the central register is accurate, adequate and up-to-date. |
No. Absent from legal framework
(Absent from legal framework) |
| Where verification leads an entity in charge of a central register to conclude that there are inconsistencies or errors in the beneficial ownership information, the entity in charge of a central register is able to withhold or refuse to issue a valid certificate of proof of registration, or to suspend the validity of an existing certification of proof of registration. |
No. Absent from legal framework
(Absent from legal framework) |
| The entity in charge of the central register is empowered to, whether directly or by application to another authority, including judicial authorities, apply effective, proportionate and dissuasive measures or impose such pecuniary sanctions for failures, including of a repeated nature, to provide the central register with accurate, adequate and up-to-date information about their beneficial ownership. |
Yes. It is prohibited to act in contravention of, or to fail to comply with, an obligation imposed by or pursuant to this Act to submit information for registration in the Trade Register.
Article 47a
Our Minister of Finance may impose an order subject to a penalty payment for violation of Article 47 , if there is conduct contrary to Article 19, paragraph 1 , to the extent that the person required to do so fails to provide the information required by the Chamber to ensure that the data referred to in Article 15a, paragraph 2 , are at all times accurately and completely entered in the Trade Register.
Article 47b
1Our Minister of Finance may impose an administrative fine for a violation of Article 47 , if there is conduct contrary to Article 19, paragraph 1 , to the extent that the person required to do so fails to provide the information required by the Chamber to ensure that the data and records referred to in Article 15a, paragraphs 2 and 3 , are at all times correctly and completely entered in the Trade Register.
2The administrative fine to be imposed pursuant to the first paragraph shall not exceed the amount established for the fourth category, referred to in Article 23, fourth paragraph, of the Criminal Code .
Article 47c
1Our Minister of Finance is authorized to request information from a company or other legal entity whose ultimate beneficial owners are registered in the Trade Register pursuant to Article 15a, paragraph 1 , which he reasonably needs for the performance of his task referred to in Articles 47a and 47b . The companies and other legal entities are obliged to provide Our Minister of Finance, within the reasonable period stipulated by him, with all cooperation that the latter may reasonably request in the exercise of this authority.
2The first paragraph applies mutatis mutandis to an institution that has made a report as referred to in Article 10c, first paragraph, of the Anti-Money Laundering and Counter-Terrorism Financing Act .
(Art. 47- 47d Trade Register Act 2007) |
| Competent authorities have immediate, unfiltered, direct and free access to the information held in the interconnected central registers without alerting the legal entity or legal arrangement concerned. These competent authorities include: self-regulatory bodies in the performance of supervisory functions of AML rules; tax authorities; national authorities with designated responsibilities for the implementation of Union restrictive measures; AMLA for the purposes of joint analyses; EPPO; OLAF; Europol and Eurojust when providing operational support to the competent authorities of Member States. |
Yes. The data referred to in Article 10, paragraph 2, point a, and paragraph 3, point e, under 1°, first indent , and Article 16, paragraph 1 , may be inspected by an administrative body in the context of the exercise of its statutory task or power, or by a legal entity with a public task as referred to in Article 1, paragraph 1, point a, of the Act on the Promotion of Integrity Assessments by the Public Administration in the context of the exercise of its statutory power.
(Art. 28 Trade Register Act 2007) |
| Beneficial ownership information held in central registers may be made available to obliged entities upon payment of a fee, which shall be limited to what is strictly necessary to cover the costs of ensuring the quality of the information held in the central registers and of making the information available. Those fees shall be established in such a way as not to undermine effective access to the information held in the central registers. |
Yes. 1The data referred to in Articles 9 , 10 (with the exception of paragraph 2, part a) and paragraph 3, part e, under 1°, first indent) , 11 , 12 , 13 , 14 , 16 (paragraph 2) , and 16a (paragraph 1 ), the data referred to in Article 17 (paragraph 1, part a ), and the documents deposited pursuant to statutory provisions, with the exception of the documents referred to in Article 15a (paragraph 3 ), may be inspected by anyone.
2A signature cannot be viewed in electronic form.
(Art. 21 Trade Register Act 2007) |
| Any natural or legal person that can demonstrate a legitimate interest in the prevention and combating of money laundering, its predicate offences and terrorist financing has access to the following information on beneficial owners of legal entities and legal arrangements held in the interconnected central registers, without alerting the legal entity or legal arrangement concerned:
the name of the beneficial owner; the month and year of birth of the beneficial owner; the country of residence and nationality or nationalities of the beneficial owner; for beneficial owners of legal entities, the nature and extent of the beneficial interest held; for beneficial owners of express trusts or similar legal arrangements, the nature of the beneficial interest. |
Yes. 1The data referred to in Articles 9 , 10 (with the exception of paragraph 2, part a) and paragraph 3, part e, under 1°, first indent) , 11 , 12 , 13 , 14 , 16 (paragraph 2) , and 16a (paragraph 1 ), the data referred to in Article 17 (paragraph 1, part a ), and the documents deposited pursuant to statutory provisions, with the exception of the documents referred to in Article 15a (paragraph 3 ), may be inspected by anyone.
2A signature cannot be viewed in electronic form.
(Art. 21 Trade Register Act 2007) |
| The following natural or legal persons shall be deemed to have a legitimate interest to access the information listed above: persons acting for the purpose of journalism, reporting or any other form of expression in the media, that are connected with the prevention or combating of money laundering, its predicate offences or terrorist financing; |
Yes. 1The data referred to in Articles 9 , 10 (with the exception of paragraph 2, part a) and paragraph 3, part e, under 1°, first indent) , 11 , 12 , 13 , 14 , 16 (paragraph 2) , and 16a (paragraph 1 ), the data referred to in Article 17 (paragraph 1, part a ), and the documents deposited pursuant to statutory provisions, with the exception of the documents referred to in Article 15a (paragraph 3 ), may be inspected by anyone.
2A signature cannot be viewed in electronic form.
(Art. 21 Trade Register Act 2007) |
| The following natural or legal persons shall be deemed to have a legitimate interest to access the information listed above: civil society organisations, including non-governmental organisations and academia, that are connected with the prevention or combating of money laundering, its predicate offences or terrorist financing; |
Yes. 1The data referred to in Articles 9 , 10 (with the exception of paragraph 2, part a) and paragraph 3, part e, under 1°, first indent) , 11 , 12 , 13 , 14 , 16 (paragraph 2) , and 16a (paragraph 1 ), the data referred to in Article 17 (paragraph 1, part a ), and the documents deposited pursuant to statutory provisions, with the exception of the documents referred to in Article 15a (paragraph 3 ), may be inspected by anyone.
2A signature cannot be viewed in electronic form.
(Art. 21 Trade Register Act 2007) |
| The following natural or legal persons shall be deemed to have a legitimate interest to access the information listed above: natural or legal persons likely to enter into a transaction with a legal entity or legal arrangement and who wish to prevent any link between such a transaction and money laundering, its predicate offences or terrorist financing; |
Yes. 1The data referred to in Articles 9 , 10 (with the exception of paragraph 2, part a) and paragraph 3, part e, under 1°, first indent) , 11 , 12 , 13 , 14 , 16 (paragraph 2) , and 16a (paragraph 1 ), the data referred to in Article 17 (paragraph 1, part a ), and the documents deposited pursuant to statutory provisions, with the exception of the documents referred to in Article 15a (paragraph 3 ), may be inspected by anyone.
2A signature cannot be viewed in electronic form.
(Art. 21 Trade Register Act 2007) |
| The following natural or legal persons shall be deemed to have a legitimate interest to access the information listed above: Member States’ public authorities in the context of public procurement procedures, in respect of the tenderers and operators being awarded the contract under the public procurement procedure; |
Yes. 1The data referred to in Articles 9 , 10 (with the exception of paragraph 2, part a) and paragraph 3, part e, under 1°, first indent) , 11 , 12 , 13 , 14 , 16 (paragraph 2) , and 16a (paragraph 1 ), the data referred to in Article 17 (paragraph 1, part a ), and the documents deposited pursuant to statutory provisions, with the exception of the documents referred to in Article 15a (paragraph 3 ), may be inspected by anyone.
2A signature cannot be viewed in electronic form.
(Art. 21 Trade Register Act 2007) |
| Member States shall ensure that the information provided by central registers does not lead to the identification of any person consulting the register where such persons are: persons acting for the purpose of journalism, reporting or any other form of expression in the media, that are connected with the prevention or combating of money laundering, its predicate offences or terrorist financing; |
Yes. 1The data referred to in Articles 9 , 10 (with the exception of paragraph 2, part a) and paragraph 3, part e, under 1°, first indent) , 11 , 12 , 13 , 14 , 16 (paragraph 2) , and 16a (paragraph 1 ), the data referred to in Article 17 (paragraph 1, part a ), and the documents deposited pursuant to statutory provisions, with the exception of the documents referred to in Article 15a (paragraph 3 ), may be inspected by anyone.
2A signature cannot be viewed in electronic form.
(Art. 21 Trade Register Act 2007) |
| Member States shall ensure that the information provided by central registers does not lead to the identification of any person consulting the register where such persons are: civil society organisations that are connected with the prevention or combating of money laundering, its predicate offences or terrorist financing. |
Yes. 1The data referred to in Articles 9 , 10 (with the exception of paragraph 2, part a) and paragraph 3, part e, under 1°, first indent) , 11 , 12 , 13 , 14 , 16 (paragraph 2) , and 16a (paragraph 1 ), the data referred to in Article 17 (paragraph 1, part a ), and the documents deposited pursuant to statutory provisions, with the exception of the documents referred to in Article 15a (paragraph 3 ), may be inspected by anyone.
2A signature cannot be viewed in electronic form.
(Art. 21 Trade Register Act 2007) |
| Where entities in charge of central registers decide to grant access to beneficial ownership information, they shall issue a certificate granting access for 3 years. Entities in charge of central registers shall respond to any subsequent request to access beneficial ownership information by the same person within 7 working days. |
Yes. 1The data referred to in Articles 9 , 10 (with the exception of paragraph 2, part a) and paragraph 3, part e, under 1°, first indent) , 11 , 12 , 13 , 14 , 16 (paragraph 2) , and 16a (paragraph 1 ), the data referred to in Article 17 (paragraph 1, part a ), and the documents deposited pursuant to statutory provisions, with the exception of the documents referred to in Article 15a (paragraph 3 ), may be inspected by anyone.
2A signature cannot be viewed in electronic form.
(Art. 21 Trade Register Act 2007) |
| Member States shall ensure that entities in charge of central registers shall only refuse a request to access beneficial ownership information on one of the following grounds: the applicant has not provided the necessary information or documents pursuant to paragraph 1; a legitimate interest to access beneficial ownership information has not been demonstrated; where on the basis of information in its possession, the entity in charge of the central register has a reasonable concern that the information will not be used for the purposes for which it was requested or that the information will be used for purposes that are not connected to the prevention of money laundering, its predicate offences or terrorist financing; one or more of the situations referred to in Article 15 applies; the legitimate interest to access beneficial ownership information granted by the central register of another Member State does not extend to the purposes for which the information is sought; where the applicant is in a third country and responding to the request to access information would not comply with the provisions of Chapter V of Regulation (EU) 2016/679. |
Yes. 1The data referred to in Articles 9 , 10 (with the exception of paragraph 2, part a) and paragraph 3, part e, under 1°, first indent) , 11 , 12 , 13 , 14 , 16 (paragraph 2) , and 16a (paragraph 1 ), the data referred to in Article 17 (paragraph 1, part a ), and the documents deposited pursuant to statutory provisions, with the exception of the documents referred to in Article 15a (paragraph 3 ), may be inspected by anyone.
2A signature cannot be viewed in electronic form.
(Art. 21 Trade Register Act 2007) |
| In exceptional circumstances to be laid down in national law, where the access to beneficial ownership information would expose the beneficial owner to disproportionate risk of fraud, kidnapping, blackmail, extortion, harassment, violence or intimidation, or where the beneficial owner is a minor or otherwise legally incapable, Member States shall provide for an exemption from such access to all or part of the personal information on the beneficial owner. Member States shall ensure that such exemptions are granted on a case-by-case basis upon a detailed evaluation of the exceptional nature of the circumstances and confirmation that those disproportionate risks exist. The right to an administrative review of the decision granting an exemption and the right to an effective judicial remedy shall be guaranteed. |
No. Absent from legal framework
(Absent from legal framework) |
| Each Member State shall ensure that all obliged entities established in its territory are subject to adequate and effective supervision. To that end, each Member State shall appoint one or more supervisors to monitor effectively, and to take the measures necessary to ensure compliance by the obliged entities with Regulations (EU) 2024/1624 and (EU) 2023/1113. |
Yes. The supervisory authority cooperates with the supervisory authorities of other Member States to the extent necessary for the performance of its task under this Act or the performance of the tasks of those authorities.
2De Nederlandsche Bank NV and the Netherlands Authority for the Financial Markets Authority, insofar as they are charged with the implementation and enforcement of this Act pursuant to Article 1d, paragraph 1, parts a and b , shall provide the European Banking Authority with all information necessary for the performance of the tasks of those authorities.
3De Nederlandsche Bank NV and the Netherlands Authority for Financial Markets (AFM) furthermore inform the European Banking Authority of a measure imposed on a bank or other financial undertaking pursuant to paragraph 4.2 of this Act.
|
| Each Member State shall establish an FIU in order to prevent, detect and effectively combat money laundering and terrorist financing. |
Yes. There is a Financial Intelligence Unit.
2The general direction, organization, and management of the Financial Intelligence Unit rest with Our Minister of Justice.
3The appointment, suspension, and dismissal of the Head of the Financial Intelligence Unit shall be effected by Royal Decree upon the recommendation of Our Minister of Justice, in agreement with Our Minister of Finance.
4Our Minister of Justice determines the budget of the Financial Intelligence Unit in agreement with Our Minister of Finance.
(Article 12 Anti-Money Laundering and Counter-Terrorism Financing Act) |
| The FIU as the central national unit shall be responsible for receiving and analysing suspicious transaction reports and other information relevant to money laundering, associated predicate offences or terrorist financing. |
Yes. With a view to preventing and detecting money laundering and underlying predicate offences, as well as the financing of terrorism, the Financial Intelligence Unit has the task:
a.collecting, recording, processing and analyzing the data it obtains, in order to determine whether this data may be of importance for the prevention and detection of crimes;
(Article 13 Anti-Money Laundering and Counter-Terrorism Financing Act) |
| The FIU shall be responsible for disseminating the results of its analyses and any additional relevant information to the competent authorities where there are grounds to suspect money laundering, associated predicate offences or terrorist financing. |
Yes. With a view to preventing and detecting money laundering and underlying predicate offences, as well as the financing of terrorism, the Financial Intelligence Unit has the task:
a.collecting, recording, processing and analyzing the data it obtains, in order to determine whether this data may be of importance for the prevention and detection of crimes;
b.the provision of personal data and other data in accordance with this Act and as provided for in or pursuant to the Police Data Act ;
c.notify an institution regarding the receipt of a report by that institution, the receipt of further data or information provided by that institution, as well as regarding trends and phenomena emerging from received reports, and, where appropriate, through the Public Prosecution Service, regarding the significance of a report by that institution for the prosecution of criminal offences;
d.conducting research into developments in the field of money laundering and terrorist financing and into the improvement of methods to prevent and detect money laundering and terrorist financing;
e.providing recommendations to the sectors regarding the implementation of appropriate internal control and communication procedures and other measures to be taken to prevent the use of those sectors for money laundering and terrorist financing;
f.providing information regarding the prevention and detection of money laundering and terrorist financing to:
1°.the sectors and occupational groups;
2°.the supervisory authority;
3°.the Public Prosecution Service and the other officials charged with the investigation of criminal offences;
4°.the audience;
g.providing information regarding the reporting behaviour of the institutions to the supervisory authority and the persons referred to in part f, point 3;
h.maintaining contacts with foreign government-designated agencies that have a similar task to the Financial Intelligence Unit;
i.the annual submission of a report regarding the performance of duties and his activities in the preceding year and of his intentions for the coming year, which is submitted to Our Minister of Justice and brought to the attention of Our Minister of Finance.
(Article 13 Anti-Money Laundering and Counter-Terrorism Financing Act) |
| The FIU shall be operationally independent and autonomous, which means that the FIU shall have the authority and capacity to carry out its functions freely, including the ability to take autonomous decisions to analyse, request and disseminate specific information. It shall be free from any undue political, government or industry influence or interference. |
No. There is a Financial Intelligence Unit.
2The general direction, organization, and management of the Financial Intelligence Unit rest with Our Minister of Justice.
3The appointment, suspension, and dismissal of the Head of the Financial Intelligence Unit shall be effected by Royal Decree upon the recommendation of Our Minister of Justice, in agreement with Our Minister of Finance.
4Our Minister of Justice determines the budget of the Financial Intelligence Unit in agreement with Our Minister of Finance.
(Article 12 Anti-Money Laundering and Counter-Terrorism Financing Act) |
| The FIU, regardless of their organisational status, is authorised to have access to the information that they require to fulfil their tasks, including financial, administrative and law enforcement information. |
Yes. For the purpose of performing its task referred to in Article 13, opening words and parts a and b , the Financial Intelligence Unit may request data or information from an institution that has submitted a notification or from an institution which, in the opinion of the Financial Intelligence Unit, possesses data or information relevant to the analysis by the Financial Intelligence Unit of a transaction or intended transaction or of a business relationship.
2The institution from which these data or information have been requested in accordance with the first paragraph shall provide them without delay and in written form, as well as orally in urgent cases, to the Financial Intelligence Unit.
3If, in the opinion of the Financial Intelligence Unit, an institution established in another Member State possesses data or information as referred to in the first paragraph, the Financial Intelligence Unit may, in accordance with Article 13b , request the Financial Intelligence Unit of the Member State where the institution is established for such data or information.
(Article 17 Anti-Money Laundering and Counter-Terrorism Financing Act) |
| FIUs are empowered to take urgent action, directly or indirectly, where there is a suspicion that a transaction is related to money laundering or terrorist financing, to suspend or withhold consent to that transaction. |
No. Absent from legal framework
(Absent from legal framework) |
Mutual legal assistance (MLA) and International Cooperation |
| Member States shall ensure that the FIU to whom the request is made is legally required to use the whole range of its available powers which it would normally use domestically for receiving and analysing information when it replies to a request for information from another FIU. |
Yes. For the purpose of carrying out its tasks under Article 13 , the Financial Intelligence Unit shall cooperate as far as possible with the financial intelligence units of other Member States.
2The Financial Intelligence Unit shall exchange with a Financial Intelligence Unit of another Member State, either on its own initiative or at the request of that other Financial Intelligence Unit and, where necessary, subject to conditions or restrictions, all available information that may be relevant for the processing or analysis by that Financial Intelligence Unit of information relating to money laundering or terrorist financing and the natural or legal persons concerned.
(Article 13a Anti-Money Laundering and Counter-Terrorism Financing Act) |
| Member States shall ensure that FIUs are legally required to exchange, spontaneously or upon request, any information that may be relevant for the processing or analysis of information by the FIU related to money laundering, its predicate offences, or terrorist financing, and the natural or legal person involved, regardless of the type of predicate offences that may be involved, and even if the type of predicate offences that may be involved is not identified at the time of the exchange. |
Yes. For the purpose of carrying out its tasks under Article 13 , the Financial Intelligence Unit shall cooperate as far as possible with the financial intelligence units of other Member States.
2The Financial Intelligence Unit shall exchange with a Financial Intelligence Unit of another Member State, either on its own initiative or at the request of that other Financial Intelligence Unit and, where necessary, subject to conditions or restrictions, all available information that may be relevant for the processing or analysis by that Financial Intelligence Unit of information relating to money laundering or terrorist financing and the natural or legal persons concerned.
(Article 13a Anti-Money Laundering and Counter-Terrorism Financing Act) |
Netherlands
50(72) Political Financing 
13(57) Financial Disclosure 
23(49) Conflict of Interest 
65(59) Freedom of Information 
51(63) Public Procurement 
78(66) Anti Money Laundering 
67(71) Asset Recovery