2011-12-22

Added 2026-07-26 · Updated 2026-09-05

Collection agencies and the prohibition under Section 3:5 of the Wft

The prohibition under Section 3:5 of the Financial Supervision Act (Wft) generally does not apply to collection agencies because payments received from debtors do not constitute repayable funds. Since the debtor's obligation to the creditor is discharged upon payment to the agency, the funds are not held in trust for return to the debtor. This clarification applies regardless of whether the agency uses a customer accounts foundation to segregate funds. An exception exists only if debtors retain the right to claim repayment from the agency before the funds are passed on to creditors.

Netherlands

De Nederlandsche Bank

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