Chapter 7
in forceSupervision, enforcement and other tasks of the supervisory authority
Section None
Supervision, enforcement and other tasks of the supervisory authority
The Stichting Autoriteit Financiële Markten is charged with conduct of business supervision.
In the exercise of supervision over compliance with this Act, the supervisory authority shall not enter into the assessment of the individual legal…
In addition to Article 19, paragraph 1, of the Framework Act on Autonomous Administrative Bodies, the supervisor shall, with regard to the exercise…
Our Minister shall supervise:
If Our Minister requests from the supervisor data or information which, in his opinion, are necessary for an investigation into the manner in which…
Our Minister may issue an instruction to the regulator regarding the performance of the tasks assigned and the exercise of the powers granted to the…
The power to take the necessary measures, as referred to in Article 23, paragraph 1, of the Framework Act on Autonomous Statutory Bodies (Kaderwet…
Our Minister may establish policy rules regarding the application of Chapter 7 by the supervisors.
The pension provider, the employer, the accountant and the actuary shall provide the supervisor, free of charge, with the information, data and…
The supervisor may, for the purpose of supervising compliance with this Act, demand information from any person.
The pension provider and the employer are obliged to have the business data and documents relating to pension schemes and other subjects regulated by…
An accountant who performs the audit of the statements referred to in Article 147, paragraph 5, shall report to the supervisory authority as soon as…
The supervisory authority may, by means of issuing a direction, oblige a pension provider that does not comply with the provisions set forth by or…
The supervisory authority may decide to appoint one or more persons as a curator in respect of all or certain bodies of the pension fund if that…
At the request of the supervisory authority, the Enterprise Chamber of the Amsterdam Court of Appeal may appoint an administrator (bewindvoerder)…
If an accountant or actuary does not or no longer offers the necessary guarantees that he will be able to properly perform his duties with respect to…
The supervisor may impose an order subject to a periodic penalty payment in respect of a violation of the regulations laid down by or pursuant to…
The supervisory authority may impose an administrative fine in respect of a violation of regulations laid down by or pursuant to Articles 10a, 10b…
The amount of the administrative fine shall be determined by general administrative measure, on the understanding that the administrative fine for an…
If an objection or appeal is lodged against a decision to impose an administrative fine, this shall suspend the obligation to pay the administrative…
The supervisory authority shall make public a decision to impose an administrative sanction. The publication shall take place as soon as the decision…
The supervisory authority may, with a view to protecting the interests of the pension beneficiaries or persons entitled to a claim, make a public…
Before proceeding to disclosure on the basis of Article 185, paragraph 1, or Article 188, paragraph 1, the supervisory authority shall take a…
The supervisory authority shall not proceed with disclosure pursuant to Article 185, paragraph 1, or Article 188, paragraph 1, until five working…
The regulator shall terminate the public availability of information without delay if the decision for disclosure, as referred to in Article 189, is…
The supervisory authority shall make a decision to appoint an administrator (bewindvoerder) pursuant to this Act public after its notification…
The authorisation, referred to in Article 125, paragraph 1, subparagraph a, shall be granted by the supervisory authority upon application when the…
The supervisory authority may revoke the licence referred to in Article 125, paragraph 1, subparagraph (a), in whole or in part, or attach further…
A pension fund shall notify the supervisory authority of an intention to receive contributions from a contributing undertaking with its registered…
The supervisory authority shall, within three months after receipt of the data referred to in Article 194, paragraph 2, communicate these data to the…
A pension fund may, after receipt of the notification referred to in Article 195, paragraph 3, or after six weeks have elapsed following receipt of…
The supervisory authority shall prohibit a pension fund from receiving contributions from an undertaking with a seat in another Member State when the…
The supervisory authority shall, in coordination with the competent authorities of the Member State whose social and labour law relevant to the field…
A pension institution from another Member State is prohibited from accepting contributions from a contributing undertaking having its seat in the…
A pension institution from another Member State shall, in the execution of a pension scheme to which Dutch social and labour legislation applies…
The supervisory authority shall, within six weeks after the date of receipt of the data as referred to in Article 194, paragraph 2, inform the…
When it appears to the supervisory authority that a pension institution from another Member State, in the execution of a pension scheme contributed…
If a pension institution from another Member State continues to infringe the Dutch social and labour legislation applicable to the pension scheme…
The supervisor shall provide to Our Minister, upon request and free of charge, all data and information necessary for the policy to be pursued by Our…
Any person who performs or has performed any task by virtue of the application of this Act or of decisions taken pursuant to this Act is prohibited…
The supervisor may, by way of derogation from Article 204, paragraph 1, provide confidential data or information obtained in the performance of its…
The supervisor may, by way of derogation from Article 204, paragraph 1, provide confidential data or information obtained in the performance of its…
The supervisory authority shall communicate the data from the register, referred to in Article 210, to the European Insurance and Occupational…
In deviation from Article 204, paragraph 1, the regulator shall provide confidential data or information obtained in the performance of its task…
The supervisory authority may, by way of derogation from Article 204, paragraph 1, provide confidential data or information obtained in the…
The supervisory authority may, by way of derogation from Article 204, provide confidential data or information obtained in the performance of the…
The supervisory authority may, by way of derogation from Article 204, paragraph 1, provide confidential data or information obtained in the…
The supervisory authority shall, in deviation from Article 204, paragraph 1, provide confidential data or information obtained in the performance of…
The supervisory authority shall, in deviation from Article 204, paragraph 1, provide confidential data or information obtained in the performance of…
The supervisor shall, if participating in a partnership as referred to in the Data Processing by Partnerships Act (Wet gegevensverwerking door…
The supervisor shall organise a consultation with stakeholders regarding pensions at least once a year.
The supervisory authority maintains a register in which all pension funds with their seat in the Netherlands are registered. The register shall…
The supervisor is obliged to cooperate closely with the European Commission and the competent authorities of Member States other than the…
The supervisory authority may, upon request, grant an exemption from the provisions of or pursuant to Article 147, paragraphs 1 and 2, in special…
The exemption may be granted subject to restrictions.
Our Minister shall, in addition to Article 18, paragraph 2, of the Framework Act on Autonomous Statutory Bodies, send all relevant supervision…
Violation of Articles 23, 112, paragraphs 2 and 3, 167, 169, 170, paragraphs 1 to 4 inclusive, and 172, paragraph 5, subparagraph a, shall be…