Can I ask the national regulator to confirm that I need no regulatory license for my NFT project?

Select jurisdiction

  • Netherlands
  • Brazil
  • Austria
  • Sweden
  • Nigeria
  • Poland


You can ask the Financial Markets Authority (Autoriteit Financiële markten, “AFM”) and Dutch
Central Bank (De Nederlandsche Bank, “DNB”) to confirm if a license or a registration is needed
for your NFT project.

In this context, you can also turn to the InnovationHub. This is a joint initiative by the AFM and
DNB which provides you with support on all queries you may have about supervision and
regulations relating to innovative financial products and services. You can turn to the
InnovationHub for: explanation of specific supervision rules and policies; guidance in navigating
the Dutch supervisory landscape; information on potential supervision issues, for example if you
are developing an innovative concept; and explanations of supervisory rules applying to
innovative products and services.

Willem-Jan Smits

Regulatory, commercial contracting, corporate, restructuring, finance


Yes, a person can file a query to the regulator. However, more efficient than contacting
regulatory bodies is taking the Howey Test first. If the security token framing occurs, it is
already possible to determine if the regulation applies or not.


Yes, you can ask the competent national authorities (Financial Market Authority or trade authority) if
the planned business model requires registration or license or other regulatory approval.
The FMA provides guidance for issues in relation to supervisory law on its website and a contact form
for companies. Any submissions to the financial market authority should be thoroughly prepared. In practice it can be very helpful to attach a legal memorandum from outside counsel to any request to the regulator.

Martin Hanzl

Digital Law


Yes (however they seldom provide advance rulings).

Elvin Sababi

Regulatory and Compliance (including AML), NFT IP rights, Crypto taxation


This is yet to be determined in Nigeria.

Ifeanyi E. Okonkwo

Intellectual Property & Commercial Law


Each case requires individual analysis and evaluation. A detailed interpretation of the application of the regulations can be made by the entity implementing the regulations in question, provided that such a procedure has been provided for.

Filip Szydłowski


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