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ARTICLE · 08 NOVEMBER 2012

Court Limits Wide-Ranging Document Requests

De Brauw Blackstone Westbroek
De Brauw Blackstone Westbroek
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De Brauw Blackstone Westbroek

De Brauw Blackstone Westbroek

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On 12 July 2012, the Netherlands Authority for the Financial Markets imposed an order under pain of penalty on three companies.

NetherlandsCriminal Law

On 12 July 2012, the Netherlands Authority for the Financial Markets ("AFM") imposed an order under pain of penalty on three companies. This order was issued because of the companies' refusal to cooperate with certain wide-ranging information requests in connection with an investigation into the alleged offence of providing investment services without a licence. This case was related to a criminal investigation that was concurrently ongoing. The statutory obligation to cooperate forces natural and legal persons to cooperate with regulators in the performance of their powers.

The companies (and their respective directors) filed a request for injunctive relief against the orders. The judge granted the request on 5 September 2012. He concluded as follows:

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