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DNO or notification for acts of banks and (mixed) financial holdings (Section 3:96a-d of the Wft)

Factsheet

For specific acts, banks having their registered offices in the Netherlands and (mixed) financial holdings need a declaration of no-objection (DNO) from De Nederlandsche Bank (DNB), the European Central Bank (ECB) or jointly from the supervisory authority of another Member State and DNB. This is a DNO as referred to in Section 3:96a or 3:96c of the Financial Supervision Act (Wet op het financieel toezicht - Wft). Some acts only require a prior notification (Section 3:96b or 3:96d of the Wft). Accordingly, Section 3:96 of the Wft has been repealed.

Published: 19 July 2017

Latest update: 01 January 2027

Banks having their registered offices in the Netherlands and (mixed) financial holdings need prior approval from DNB, the ECB or jointly from a supervisory authority in another Member State and DNB if that other supervisory authority is the consolidating supervisor, for three acts mentioned in the Wft. You can get this approval by applying for a DNO. Significant banks need to apply for approval to the ECB. Does your bank qualify as a significant bank? Please contact DNB first, before applying for a DNO. Some acts only require a prior notification.

For the information to be submitted with your application or notification, please check the list of minimum information to be provided for material acquisitions, material transfers of assets and liabilities, mergers and divisions on the website of the European Banking Authority

1. Material holdings

Banks or (mixed) financial holdings need a DNO for acquiring a material holding. This is a direct or indirect holding of at least 15% of its eligible capital, on an individual basis or, where applicable, on both an individual and a consolidated basis. 

2. Mergers

Banks or (mixed) financial holdings need a DNO for entering into mergers with other enterprises or institutions if the bank or (mixed) financial holding will be the entity resulting from the merger. This concerns a merger as referred to in Article 27h of the Capital Requirements Directive. (DIRECTIVE (EU) 2024/1619 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 31 May 2024).

3. Carrying out a division (demerger)

A bank or a (mixed) financial holding requires a DNO in order to carry out a division as referred to in Article 27h of the Capital Requirements Directive.

4. Notification of divestiture material holding

A bank or a (mixed) financial holding must notify DNB in advance of the disposal of a material holding (as referred to above under 1).

5. Acquisition or transfer of assets or liabilities

A bank or a (mixed) financial holding must notify DNB in advance of the acquisition or transfer of assets or liabilities, where such transfer is of material significance as referred to in Article 27f of the Capital Requirements Directive.

Information Declaration of no-objection