Conditions for using the exemption notice For Providers of investment objects

By using the exemption notice, you contribute to a better protection for investors. The purpose of the prescribed notices is to make investors aware that the activities concerned are exempt from supervision by the AFM, and that they must therefore take additional risks into account.

Promotional statements in writing and on the Internet

Promotional statements in writing encompass advertisements in newspapers, daily, weekly and monthly magazines, radio and television magazines, and other written media including catalogues, brochures, direct mailings by regular mail and e-mail, SMS services and billboards.

Each Web page that contains a promotional statement also has to display the exemption notice in the centre at the top of the page. Moreover, the exemption notice has to be displayed in conjunction with all promotional statements on the Internet, even if they contain moving images or appear in the form of banners. If a promotional statement on the Internet includes audio elements as well, the exemption notice also has to be in audio.

A graphic representation for written material and the Internet is available in six different formats. The choice is entirely yours, but you have to take the following conditions into account: 

  1. The graphic representation, as included in the download files, has to have the same relative measurements as the original and must extend over the entire width of the promotional statement.  
  2. The minimum height of the graphic representation is to be 10% of the height of the promotional statement, including the exemption notice.  
  3. The download files may be enlarged or reduced, with the limiting minimum value being a font size of seven points for the letters used in the graphic representation. If the selected graphic representation does not extend over the full width, and/or the minimum height of 10% of the promotional statement is not attained, the original relative measurements of the graphic representation have to be increased so that it does extend over the full width and its height is at least 10% of the promotional statement’s height.

Radio advertisements or audio advertisements on the Internet

Promotional statements broadcast via radio or the Internet have to have an audio file directly associated with them. On the Internet, it is possible to broadcast a promotional statement without an accompanying picture. Such promotional statements are deemed the same as those broadcast via radio. The downloadable audio segment containing the exemption notice has to be played at original speed and at the same volume as the promotional statement.

Television presentations

In the case of promotional statements on television, the exemption notice has to be in the centre at the bottom of the screen, over the full width, and remain displayed during the duration of the promotional statement. For television, the size of a promotional statement matches the safety frame, a frame in which a commercial is created to ensure that the entire advertisement is visible irrespective of the screen format. 

A further condition for television is that the exemption notice also has to be displayed if a promotional statement is broadcast in audio. The objective here is for the scope to include, for example, promotional statements that are in broadcast in audio during a programme, referred to as “in-programme” advertising.

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