Filing an objection
If you are an interested party and you do not agree with the AFM's decision, you may, subject to certain conditions, file an objection against this decision.
Such a decision has to be a decision within the meaning of Article 1:3 of the General Administrative Law Act (Awb). The General Administrative Law Act also provides a number of conditions that have to be satisfied before an objection can be filed against the decision. In short, the decision has to be 'open to appeal'. If the heading "Reference to the possibility of filing an objection or appeal" has been included in the decision, you may, in principle, file an objection within 6 weeks after announcement of the decision. How you may do so, and what conditions your objection has to satisfy, is set out below.
Submitting your notice of objection by sending it to the AFMThis notice of objection has to be signed, and must include at least the following:
a. your name and address;
b. the date;
c. a description of the decision you object to; and
d. the grounds of the objection (the reasons why you do not agree to the decision).
You may send the notice of objection to the AFM Attn. Legal Affairs Division, PO Box 11723, 1001 GS Amsterdam.
The AFM also offers you, subject to certain conditions, the possibility of sending your notice of appeal to the AFM by electronic means. This can be done by fax, email or by means of a form , which you can find on this website. The conditions referred to are further requirements within the meaning of Article 2:15(1) of the General Administrative Law Act and apply in addition to the conditions mentioned above (at a to d). The AFM will reject your notice of appeal if you do not satisfy these further conditions. The further requirements with respect to the electronic submission of your notice of appeal to the AFM are as follows:
By emailIf you wish to submit the notice of appeal by email, the notice of appeal has to sent as an attachment to the email in pdf format. The attachment must contain a scanned, genuine signature. This means that the notice of appeal has to be signed by hand before it is scanned and saved in pdf format.
If the decision to which you do not agree concerns a levy, you should mail your notice of objection to: firstname.lastname@example.org.
If the decision to which you do not agree does not concern a levy, you should mail your notice of objection to: email@example.com.
E-mails and attachments can be send in a secure manner to the AFM through the usage of Cryptshare.