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Authority to request information pursuant to the Financial Supervision Act

Factsheet
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Published: 01 January 2007

Pursuant to section 5:16 of the General Administrative Law Act, supervisors have a general authority to request information. The section itself does not provide for limitations as to the parties from whom information may be requested: in principle, information may therefore be requested from anyone.

However, the principle of proportionality entails that the authority to request information may not be exercised vis-à-vis everyone under all circumstances. Section 5:13 of the General Administrative Law Act provides that the supervisor shall use this authority only insofar as it is necessary, in reason, for the fulfilment of his task.

Obligation to cooperate

To enable supervisors to exercise their authority to request information, section 5:20 of the General Administrative Law Act provides for an obligation to cooperate. Within a reasonable term set by the supervisor, everyone is obliged to cooperate fully with the supervisor who can, in reason, request such cooperation. The obligation to cooperate applies only in connection with the implementation of the (statutory) authority to exercise supervision.

Who may request information?

Under the General Administrative Law Act, a supervisor may request information. Where DNB is concerned, such supervisors are the persons designated in the Decree on Designated Supervisors DNB (Besluit aangewezen toezichthouders DNB).

As governing body, DNB is also permitted to request information under section 1:74 of the Wft.

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