The enforcement policy of AFM and DNB can be found here (only in Dutch).
Informal and formal enforcement measures
- Informal enforcement measures, including oral and written compliance briefings and written warnings, have no basis in the law.
- Formal enforcement measures have a legal basis and are referred to as "administrative sanctions". They may be of a remedial nature, such as an imposing an order subject to penalty, or of a punitive nature, such as imposing an administrative fine. Other administrative sanctions are issuing an instruction, appointing a caretaker, suspending voting rights, imposing a prohibition and restricting or revoking a license. See below for more information about the underlying enforcement principles.
Disclosure of enforcement measures
Under financial laws and regulations, we are often obliged to disclose our decisions to impose an administrative sanction in full. As a rule, we disclose a sanction once it is irrevocable. That is to say, when all legal remedies have been exhausted. If an objection or appeal has been lodged, we disclose the outcome along with the decision itself. As a rule, we disclose a decision to impose an order subject to penalty as soon as possible if a penalty is forfeited. See below for more information about the enforcement measures we disclose.