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As a licensed financial organization you may regularly have to deal with the supervisory authorities: AFM, DNB and AP. We advise financial organizations that are confronted with enforcement measures taken by these regulators. These may be formal enforcement measures, such as administrative fines, instructions or an order for incremental penalty payments, but they may also be informal enforcement measures. These might include warnings or normative talks or letters.
By involving us in the process at an early stage, we can provide you with sound and timely advice. In this advice, we give you an estimate of the feasibility of the various options you have for responding to a (proposed) measure. We can also guide you during investigations by the supervisory authority, draw up opinions in response to proposed enforcement measures, and act as your representative in objection and (higher) appeal proceedings. The preservation of your reputation and a good relationship with the regulator is central to this.
Enforcement measures by regulators are often accompanied by improvements that need to be implemented in the organization. Through our extensive experience at various (large) financial organizations, we know the financial sector like no other. We understand your internal processes and can help you draw up and implement an action plan that contributes to the restoration of trust and is realistic for your organization.
Our specialists have extensive experience as compliance officer, supervisor and/or lawyer. Because of our work experience with the regulators, we speak the same language and still maintain good contacts with both the AFM and DNB. In addition to the necessary litigation experience, we also have in-depth knowledge of financial and privacy law. This enables us to properly assess the content of a (proposed) enforcement measure and to estimate whether a view, objection, appeal or higher appeal has a chance of success.
For us, litigation is never an end in itself. If you engage us in connection with a received (proposed) enforcement decision, we will provide you with sound and timely procedural advice. In the event of legal proceedings, we will provide you with expert and reliable legal advice and representation.