Does the "una via" principle also apply to de facto directors?
Yes, if an instance of non-compliance with financial supervision legislation constitutes an offence, the supervisory authorities must choose between administrative-law or criminal-law settlement. This applies to both the legal entity and the de facto director. The Covenant on the avoidance of unlawful concurrence of administrative and criminal-law sanctions (Convenant ter voorkoming van ongeoorloofde samenloop van bestuurlijke en strafrechtelijke sancties) specifies in which cases the manner of settlement must be discussed and agreed with the Public Prosecution Service and the Fiscal Intelligence and Investigation Service/Economic Investigation Service (Fiscale Inlichtingen- en Opsporingsdienst/Economische Controledienst – FIOD/ECD) of the Dutch Tax and Customs Administration.
On Tuesday 5th November from 3:00-4:45 PM CET DNB will organize a physical information session about fit and proper assessments.
Read more Information session about fit and proper assessments DNB
On 30 September 2024, DNB published the amendments to the two policy rules for the deposit guarantee scheme (DGS). These amendments were publicly consulted in June 2024.
Read more Adoption of the 2024 amendments to the Policy Rules for the Deposit Guarantee Scheme
From 25 November 2024, Jochem Dijckmeester will succeed Cindy van Oorschot as Divisional Director of Pension Supervision at DNB.
Read more Jochem Dijckmeester appointed Divisional Director of Pension Supervision
In light of the IFR/IFD Review, the Dutch Ministry of Finance, the Dutch Authority for the Financial Markets (AFM) and De Nederlandsche Bank (DNB) present recommendations for the review of the Investment Firms Regulation (IFR) and the Investment Firms Directive (IFD).
Read more The Dutch Ministry of Finance, the AFM and DNB: recommendations for the review of the prudential framework for investment firms
