Obligation to notify market abuse
Market operators, investment firms and persons that professionally arrange or execute transactions in financial instruments are required to notify the AFM without delay of any reasonable suspicion of market abuse.
What is market abuse?
Who is obliged to report suspicion of market abuse?
How can you report a suspicion of market abuse?
A STOR (obliged notification) you submit through the secure AFM Portal. See also Instruction AFM Portal.
- A voluntary report you send to stordesk@afm.nl.
What should be reported in a STOR?
A STOR has to be clearly presented and must contain accurate information that is sufficient for the AFM to evaluate the suspicion quickly and if necessary set up an investigation.
Best practices MAR16
Duty of confidentiality of the AFM
The AFM is under an obligation of confidentiality that is laid down in the FSA. The FSA stipulates that all confidential data and information that the AFM receives in relation to its supervision, remains confidential. Hence, the AFM treats every STOR as strictly confidential. However, there are a few exceptions to the obligation of confidentiality. These exceptions allow the confidential information on which the investigation is based on, such as a notification about a suspicious order and/or transaction, to be shared with other government bodies. In some cases, this sharing is even mandatory. When and which information must or can be shared by the AFM with, for example, De Nederlandsche Bank (the Dutch central bank) or the Public Prosecution Service, is laid down in covenants based on the FSA.
Supervision of notification of market abuse
The AFM may take measures if one has failed to meet the obligations regarding the notification of market abuse to the AFM. The AFM determines which measure is appropriate in each individual case.