Professionals

21. Does the provision of tailored information constitute financial planning advice under the Law of 25 April 2014?

As such, the provision of tailored information does not in principle constitute financial planning advice under the Law of 25 April 2014, even if information is provided on the basis of a client’s particular circumstances.

The Law of 25 April 2014 indeed only applies where the service provided is advice on optimizing, inter alia, the structuring, the planning, the protection, the legal organization or the transmission of a client’s wealth, according to the needs and goals stated by such client.

Examples which do not constitute financial planning advice:

  • calculating of the inheritance tax owed by the client;
  • informing a client of the inheritance rules applicable in the absence of special provisions;
  • providing tax or estate planning advice supporting the offer to the client of a particular financial instrument.