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Fact-finding

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As a licensed financial organization you will regularly have to deal with the national supervisors the AFM and/or DNB. In the field of privacy legislation you may have to deal with the AP. These regulators will monitor your organization’s compliance with the applicable laws and regulations. In order to maintain your good reputation, it is important to properly maintain your relationship with these regulators.

The law stipulates that regulators (such as the AFM, DNB and AP) must gather the necessary knowledge about the relevant facts and the interests to be weighed when preparing their (enforcement) decisions. This is called the principle of duty of care. Naturally, you have every interest in ensuring that such an enforcement decision is carefully prepared. We can support you in this.

Our approach

Charco & Dique specializes in maintaining and restoring the regulator’s trust. Many of our consultants have extensive experience as regulator. As a result, we know better than anyone how the supervisory authorities operate and we maintain good contacts with both AFM and DNB.

We will be happy to assist you in expressing your views (preferably in writing) in response to a proposed enforcement decision by AFM, DNB, or AP. By paying attention to this, you ensure as much as possible that the regulator starts from the correct facts and also assigns the correct weight to the interests that are important to you. In this way, the principle that the regulator must carefully prepare and take an enforcement decision is fulfilled.