Non-compliance
Under the Act on the Supervision of Trust Offices (Wet toezicht trustkantoren 2018 - Wtt 2018) and the Decree on the Supervision of Trust Offices 2018 (Besluit toezicht trustkantoren 2018 – Btt 2018), trust offices (including ITS) are required to be audited at least once a year. It is important for trust offices to conduct an annual audit as an additional safeguard of their sound and ethical operational management. The audit verifies the trust office's compliance with laws and regulations, and it checks the performance of the trust office’s compliance function.
DNB has established that ITS did not commission an audit for the 2021 financial year in 2022. ITS has therefore failed to comply with the requirement to commission an audit at least once a year. ITS was thus in non-compliance with the Wtt 2018 and the Btt 2018. For this violation, a fine of EUR 29,700 has been imposed on ITS.
Legal remedies
A decision becomes final (irrevocable) if no legal remedies are exercised against it. Any interested party may lodge an objection against the decision within six weeks of its date. In this case, ITS submitted its notice of objection after the statutory deadline had expired. DNB has therefore determined that the failure to meet the deadline is not excusable and has consequently declared the objection manifestly inadmissible. Since no appeal was filed against the decision on the objection, the decision to impose an administrative fine has become final and no longer subject to appeal.
Current status
The table shows the current status of this decision.