Regulatory and governance
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ABN AMRO’s operations are governed by numerous rules and guidelines, some of which are general and some of which are aimed specifically at financial institutions. In addition to our legal compliance, we also have our own guidelines, designed to prevent improper conduct, promote culture and prevent possible non-compliance, and so safeguard our integrity. Below you can find more information on various laws and regulations, and the Compliance, Risk and Governance webpages.
MiFID II
The Markets in Financial Instruments Directive II (MiFID II) entered into force on 3 January 2018. MIFID II aims to make European financial markets more efficient and transparent, thereby enhancing investor protection. You can find more information on the various topics regulated under MIFID II on the following webpages.
Benchmark Regulation/IBOR
Benchmarks are currently being reformed or replaced globally, this is also known as the IBOR Reforms. With the aim to assure the reliability, accuracy and integrity of these benchmarks. The legal basis for these IBOR Reforms can be found in the Benchmarks Regulation (BMR). The BMR entered into force on June 1, 2016 and applies since January 1, 2018. The BMR contains rules for administrators of benchmarks, contributors who deliver input data for the determination of benchmarks and supervised users of benchmarks. On the following webpage you can find more information about the IBOR Reforms and the BMR.
EMIR
The European Markets Infrastructure Regulation (EMIR) is a European regulation that applies to all legal entities and natural persons performing an economic activity in the EU that enter into or will enter into a derivatives transaction. EMIR mainly contains rules for Over-The-Counter (OTC) derivatives contracts, but also for exchange-traded derivatives (ETDs). EMIR rules aim to assure more transparent and safe trading in OTC derivatives. The rules have gradually been phased in since 2012.
PRIIPs
Since January 1, 2018, the European regulation Packaged Retail and Insurance-based Investment Products (PRIIPs) entered into force, which sets out rules for a large number of investment products. The PRIIPs regulation aims to provide investor protection by increasing the transparency of investment products. As a result, providers of these products must prepare and provide a Key Information Document (KID) to a potential retail investors. The KIDs helps retail investors gain a better understanding of the performance of the product. More information on these KIDs can be found on the following web page.
Privacy
The General Data Protection Regulation (GDPR) sets out rules on data protection at European level. The GDPR aims to have a uniform policy for the protection of personal data. On the following webpage you will find the privacy statement of ABN AMRO on the processing of your personal data in the contractual relationship with ABN AMRO.
FATCA
The U.S. Foreign Account Tax Compliance Act (FATCA) establishes rules for combating tax evasion by U.S. taxpayers worldwide. On this basis, Dutch banks must determine whether these rules apply to their customers. FATCA requires customers of Dutch banks to provide information to the bank. You can find more information about FATCA on the following web page.
PSD2
The European Payment Services Directive 2 (PSD2) sets rules on payment services. PSD2 aims to increase the competition and innovation for payment systems. Not only banks but also other companies and institutions will be able to make payments and start new payment services. However, this is only possible on permission bases. On the following web page you can find more information on PSD2.
Brexit
The government’s Brexit bill has completed its passage through the House of Commons and the House of Lords and has received royal assent. It is expected that the European Parliament will also give the green light which means the UK will formally leave the EU on 31 January 2020 at 11 pm GMT with a withdrawal deal – and it will then go into a transition period that is scheduled to end on 31 December 2020. More information on Brexit can be found on the following webpage.
Responsible tax policy
We aim for a moderate tax risk profile, acting at all times in accordance with all applicable laws and regulations and guided by relevant international standards. Our aim is to comply with the spirit as well as the letter of the law and with any legitimate disclosure requirement at first demand. We seek to develop strong, mutually respectful relationships with national tax authorities based on transparency and mutual trust. We do not use secrecy jurisdictions or so-called tax havens for tax avoidance, nor do we create or help create tax structures that are intended for tax avoidance, have no commercial substance and do not meet the spirit of the law. Our transfer pricing is always based on the arm’s-length principle. Products we offer that include tax advantages for clients are only acceptable when these products fully meet the regulations in force, are transparent and do not contravene the intended purpose of these regulations. We are transparent about our approach to tax and comply with all the relevant rules regarding transparency. Download the Tax Principles below.
DAC6
From 1 July 2020 the new EU regulation DAC6 (Directive of Administration Cooperation 6) applies. DAC6 obliges (auxiliary) intermediaries, such as ABN AMRO, to report (potentially aggressive) cross-border tax arrangements (RCBAs) to the local tax authorities, with the aim of preventing tax avoidance.
SRD II
The amended EU Shareholder Rights Directive (SRD II) and its Implementing Regulation aim to encourage long-term shareholder engagement and increase transparency.
Under SRD II, issuers and intermediaries must meet certain requirements in light of the abovementioned goals. Such requirements include measures on the identification of shareholders, the transmission of information between issuers, intermediaries and shareholders, and the facilitation of the exercise of shareholder rights.
ABN AMRO Bank N.V., as an intermediary, provides services through its digital platforms which enable issuers to meet their obligations under SRD II. Such services are regulated under SRD II and intermediaries are required to make certain regulatory disclosures, please refer to the following document.
Compliance
If you are looking for important Compliance policies and documents, the Code of Conduct or the ABN AMRO Corporate Governance Code statement, please refer to the following pages.
KYC
We are keen to prevent our bank accounts from being used for financial crime. Moreover, we help the government to prevent and fight financial crime. That's why we verify the identity of our customers and check the use of our bank accounts. It might be the case that you received a letter from the KYC Centre. Or that one of our analysts reached out to you by phone. In that case we need documentation or additional information from you. We need this information to keep your client profile up to date.
Sanctions
Sanctions are measures of the international community against a violation or threat to international peace and security. They are a way to change the behavior of a country or government. They can apply to a country, an organization or a person.
US Persons
The offering, sale and/or distribution of many of the products or services described on this website is not intended in any jurisdiction to any person to whom it is unlawful to make such an offer, sale and/or distribution, including the United States.
Risk
If you would like more information on the Risk Management within ABN AMRO or would like consult our Sustainability Policy.
Governance ABN AMRO
ABN AMRO serves clients in the retail, private banking and corporate banking sectors. Our primary focus is on Northwest Europe. We offer clients in the Netherlands an extensive and comprehensive range of products and services across a variety of channels, including our Mobile Banking app and Internet Banking. On the following webpages you can find more information on the governance within ABN AMRO.