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ARTICLE · 25 JANUARY 2012

Introduction Of Suitability Test For Daily Policy Makers

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

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A bill was adopted by parliament on 20 December 2011 introducing a suitability test for (daily) policy makers of financial institutions and trust offices in the Netherlands.

NetherlandsCriminal Law
Patrick Ploeger
Patrick Ploeger
Marnix Somsen
Marnix Somsen
Roan Lamp
Roan Lamp
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A bill was adopted by parliament on 20 December 2011 introducing a suitability test for (daily) policy makers of financial institutions and trust offices in the Netherlands. This bill follows from, inter alia, the findings of the De Wit (the financial system) and Scheltema (downfall of DSB bank) Commissions.  

The primary changes to the existing testing framework for (daily) policy makers by the AFM and/or DNB (as set out in the Financial Market Supervision Act and the Trust Offices Supervision Act) are:

  • the former expertise test for (daily) policy makers is replaced by a suitability test
  • introduction of a suitability test for supervisory directors of financial institutions and trust offices regulated in the Netherlands

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