Capital requirements
Investment firms such as GMG play an important role in the financial system. They must at all times maintain sufficient capital to absorb risks and meet their obligations, including under less favourable circumstances. This protects not only the firm itself but also the interests of clients and confidence in the financial markets. Failure to comply with the capital requirements may undermine the stability of an investment firm and, more broadly, the financial system.
Non-compliance
DNB established that GMG failed to meet the applicable minimum capital requirements during three separate periods. These concerned the period from 31 December 2023 to 18 January 2024, during which a capital requirement of 75,000 euro applied, and the periods from 31 March 2024 to 29 April 2024 and from 31 December 2024 to 27 February 2025, during which a capital requirement of 150,000 euro applied. During these periods, GMG’s own funds were below the required level. The capital shortfalls were substantial, amounting to €86,457, €18,730 and €76,219, respectively. The capital shortfalls were subsequently remedied through capital injections by shareholders.
Administrative fine
The fine was determined in accordance with the capital shortfall enforcement policy, which applied at the time of the infringements. In determining the amount of the fine, DNB took into account the measures taken by GMG to prevent a recurrence of the violation.
Legal remedies
A decision becomes final (irrevocable) if no legal remedies are lodged against it. Any interested party may lodge an objection against the decision within six weeks of its date. The decision on the objection can be appealed in court within six weeks. Further appeal against the court ruling may be lodged with the Trade and Industry Appeals Tribunal (College van Beroep voor het bedrijfsleven – CBb). The judicial authority determines whether a judgment is published, either in anonymised form or not. Published judgments can be found at www.rechtspraak.nl.
Current status
The table below shows the current status of this decision.