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Notice Of Rules Of Procedure For The Board Of The Danish Financial Supervisory Authority

Original Language Title: Bekendtgørelse om forretningsorden for bestyrelsen for Finanstilsynet

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Table of Contents
Chapter 1 Objective
Chapter 2 Members of the Management Board
Chapter 3 Competence and tasks
Chapter 4 Meetings of the Management Board
Chapter 5 Subcommittee and delegation
Chapter 6 Participation by the applicant at board meetings or by case proceedings on the Administrative Board
Chapter 7 Part-lubrication and foregoing
Chapter 8 Annual report and budget of the Financial supervision
Chapter 9 Inhability and limitation of the other functions of the governing board members
Chapter 10 Publicity, confidentiality, etc.
Chapter 11 Final provisions

Publication of the Rules of Procedure on the Management Board of Finance

Under section 345, paragraph 1. 13, in the law of financial activities, cf. Law Order no. 928 of 4. August 2014, and the approval of the Minister for the Acquisient and Growth Minister, shall be :

Chapter 1

Objective

§ 1. The purpose of this Rules of Procedure is to set out the general framework for the work of the Board of Governing Board (Administrative Board).

Chapter 2

Members of the Management Board

§ 2. The Minister for the Industry and Growth Pact shall appoint members of the Management Board, including Chairman and Vice-President, in accordance with section 345 (3). 1-6, in the law of financial operations.

Paragraph 2. If a member of the Management Board takes office or has lasting decrees, the Acquisitions and Growth Minister shall appoint a new member as soon as possible.

Chapter 3

Competence and tasks

§ 3. The Management Board shall

1) approve the organisation of the supervision undertaking in the Financial Supervisory Authority,

2) determine the strategic objectives of the financial supervision establishment of the Financial Supervisory Authority,

3) approve the annual report on the Financial supervision,

4) decide on reactions in matters of principle and in cases which have significant implications,

5) make decisions in cases of injunction pursuant to section 347 b (2) ; 1, in the case of a financial undertaking (for non-ferable investigation),

6) decide to surrender cases covered by item (s). 4 to police investigation,

7) approve rules and instructions to be issued by the Financial supervision,

8) submit proposals to the Finance-synet budget for the business and growth minister,

9) continuously monitor the use of the financial resources appropriations,

10) provide auditing answers in connection with the appointment of the Finance and Growth Minister, and

11) provide the Governess of the Financial Services, professional, organizational and management sparring.

§ 4. The Management Board shall form part of the Financial supervision.

Paragraph 2. The Management Board may, at any time, as part of its duties, require all necessary information from the Financial supervision and the Corporate Authority.

Paragraph 3. The SEC or the Corporate Authority shall perform the reactions of the Management Board.

§ 5. The Management Board shall approve guidelines setting out the general framework for the behaviour of employees in the Financial Regulation (Code of Conduct).

Supervisory Organization of the financial supervision

§ 6. The Financial Supervisory Board shall submit draft strategic objectives and guidelines for the organisation of the financial supervision company for the determination and approval of the Management Board, cf. § 345, paragraph 1. 7, no. 1 and 2, in the law of financial activities. The guidelines should include the general framework and principles governing the organisation of the supervisory plant.

Paragraph 2. The organisation of the supervisory establishment and the definition of the strategic objectives for the supervision of the Financial Supervisory Company, cf. § 345, paragraph 1. 7, no. In Article 344 (1) and (2), in accordance with the law of financial operations, 3 and 4, in the law of financial activities.

§ 7. The management of the financial system shall be responsible for the specific implementation of the supervisory establishment to the strategic objectives and shall be carried out in accordance with the guidelines for the financial system organization of the supervisory establishment, as determined and approved by : The board pursuant to section 6.

Paragraph 2. At the Board of Directors, the Board of Finance will meet the Executive Board of Directors.

1) specific cases and conditions, etc. of interest or relevance to the management board, and

2) supervision of the financial supervision of establishments under tightened supervision.

Evaluation and Finance Executive Director's performance contract

§ 8. The Management Board shall review the performance of the Management Board and the performance of each member of the Management Board once a year, including the management of the board.

§ 9. The President of the Management Board shall be available for discussion with the Ministry of Acquisitation and the Ministry of Industry, concerning the preparation and fulfilment of the Financial Services Director of the Financial Services Directive.

Chapter 4

Meetings of the Management Board

Number of board of management

§ 10. The Management Board shall meet when the chairman considers the necessary, and when it is requested by a board member or of the Director of the Financial Protection Agency.

§ 11. The Management Board shall set up a meeting schedule with approximately 11 scheduled meetings of management meetings, as far as possible, be placed at the flat-rate meeting ' s evenly across the calendar year.

Paragraph 2. Scheduled meetings can be moved or cancelled with the President's approval.

Invocation

§ 12. Invocation to board meetings shall be made at least seven days ' notice by letter, e-mail or other appropriate means of communication to all members of the board and the observer.

Paragraph 2. The meeting notice shall follow an agenda that contains an indication of the cases which will be dealt with.

Paragraph 3. The material necessary for processing the cases must be attached to the agenda or separately but within the same period by letter, e-mail or other suitable means of communication to all members of the management board and the observer. In the case of material of a particular confidential nature, the President may decide that the material or parts thereof are first distributed at the meeting and that the material shall be returned at the end of the meeting.

Paragraph 4. For individual cases of urgency, the chairman or his absence may allow the management board to be convenes with a shorter notice, or that the agenda and material be submitted later than the time limit for the call.

Paragraph 5. A member of the board which is prevented from attending a meeting shall notify the Board of Directors of the Board of Directors thereof as soon as possible.

Conduct meetings

§ 13. Management meetings shall be held as a starting point for a physical appearance.

Paragraph 2. The Chairman will run the Management Board meetings.

Paragraph 3. At the President-in-Office of the President, the Vice-President

Paragraph 4. The SEC or the Corporate Board shall submit cases to the Management Board.

§ 14. To the extent that it is in accordance with the performance of the Board ' s duties, board meetings may be held in writing or by the use of electronic media, including telephone or video archies. A member of the board of directors or the Board of Finance may require an oral debate to be held.

Paragraph 2. For written board meetings, it shall appear on the board of the board's negotiation protocol, cf. Section 18 (2). 1 when the meeting was closed. To the extent a governing board decision is taken in writing or by electronic means, an actual indication is required from the individual board members. Such declarations shall be recorded, cf. Section 18 (2). 1. An omission of responding to transmitted material is not sufficient indication.

Governing decisions, etc.

§ 15. The Management Board shall be quorum when over half of all members of the board, including either the President or the Vice-President, are represented. All members of the Board shall, as far as possible, have had the opportunity to participate in processing the case.

Paragraph 2. The Management Board shall act by a simple voting majority, cf. § 345, paragraph 1. 12, 1. pkt;, in the law of financial activities. In voting, the President's voice is crucial, cf. § 345, paragraph 1. TWELVE, TWO. pkt;, in the law of financial activities.

Paragraph 3. If a member is prevented from participating physically at a board meeting, he may, by way of derogation from the chairman, participate in telecommunications.

§ 16. In exceptional cases, the President and in his absence, the chairman may decide or decide on a case without presenting it to the Administrative Board, if the matter is of urgency and if the supreme court would otherwise be wasted.

Paragraph 2. In specific cases, the Financial supervision may also decide or decide on a case without presenting it to the Administrative Board, if the matter is of urgency and if the eye otherwise would be wasted. The Financial supervision shall, as far as possible, discuss the matter with Chairman of the Management Board or Vice-President prior to the decision of the person concerned.

Paragraph 3. If a decision or decision is taken in accordance with paragraph 1, The decision shall be sent to the board members by letter, e-mail or other suitable means of communication as soon as possible on the decision or decision as soon as possible. At the firstborn board meeting, after a decision has been taken in accordance with paragraph 1. 1 or 2, the Chairman or General Financial Board shall inform the board of the decision, including the conditions which necessitates the decision taken without the case being submitted to the Administrative Board.

Fuldpower

§ 17. A member of the board cannot give proxy authority to another board member or others to represent the former at board meetings.

Protocol

§ 18. The Board Secretariat shall ensure that a protocol is carried out on the board of directors, the following which is shown :

1) Which members have been present in a meeting or in a different way.

2) Other persons who have been present at the management of cases on the board.

3) A summary of the decisions and decisions taken by the board.

4) Essential views which had to be made during the management of the board's negotiations.

5) Other conditions as a member of the Board or Consumer Ombudsman wish to enter the Protocol on the Protocol, including the declaration of disagreement concerning a decision or decision.

Paragraph 2. The Board Secretariat shall prepare, as soon as possible, after a draft of the minutes of the protocol, cf. paragraph 1, and shall forward it to the chairman ' s approval to the members of the Board. The members shall forward their possible objections to the Secretariat in writing within 7 days of receipt of the Protocol.

Paragraph 3. At each meeting, all board members present shall sign the minutes of the last meeting of the Board. Members who have not participated in a meeting have a duty to familithemselves themselves with the protocol latet in their absence and to sign the Minutes of the Protocol.

Paragraph 4. Members of the panel of experts and the Consumer Ombudsman are only sent to the minutes of the agenda items they have taken part in the treatment of.

Chapter 5

Subcommittee and delegation

Subcommittee

§ 19. The board of directors may choose to allow matters to be prepared in subcommittee.

Paragraph 2. The Board Secretariat shall assist the management of proceedings before the management board of the subcommittees.

Delegation of competence

20. The Management Board may delegate its jurisdiction on matters covered by Section 3, paragraph 3, at the instructions of the Executive Board of the Financial Regulation. 4 and 6, to the Financial supervision. In matters relating to the financial control of establishments covered by the annual accounting law, the Danish Board of Accounts shall meet in the place of the Financial Services Authority.

Paragraph 2. The financial supervision shall provide a summary of the types of case delegated, and the list shall be reviewed at least once a year.

Paragraph 3. The SEC and the Danish Agency shall inform the board of the Management Board no later than at the next sitting when a decision or decision has been taken, or by a delegation.

Chapter 6

Participation by the applicant at board meetings or by case proceedings on the Administrative Board

Financial supervision and the Danish Agency for Business Services

§ 21. The Executive Board of Finance, and who, among the Finance-synets employed this authorisation, will participate in the meetings of the Management Board without voting rights.

Paragraph 2. On the board's meetings, where cases are dealt with in section 83 (4). In the case of the management of such cases, Section 83 b of the securities trading, etc., and section 83 b, shall also participate without the right to vote, or who among the employees of the Commercial Management Board shall be taken to the same.

Board Secretariat

§ 22. The Executive Board of the Financial Authority shall appoint a Board of Directors of the Finance-synet staff.

Paragraph 2. The Board Secretariat shall take part in the Management Board ' s meetings without voting rights.

Observer

-23. The Minister for the Industry and Growth Pact shall appoint an observer from the Ministry of Acquidient and the Ministry of Growth, cf. § 345, paragraph 1. 4, in the law of financial activities.

Paragraph 2. The observer shall attend the meetings of the Management Board with a number of speakers but without voting rights.

Paragraph 3. The Minister for the Industry and Growth Pact shall appoint a permanent suppleant of the observer, who may take part in the meetings of the board at the event of the observer. The Observer ensures that the suppleant will have access to the material for the meeting via the board's iPad solution.

Expert Panel

§ 24. The Management Board shall set up a panel of expert panel consisting of up to 20 members, with particular expertise in the financial field, including financial institution, mortgage business, insurance and pension, fund-brokerage business ; consumer relations, capital market conditions and securities trading, accounting and auditing.

Paragraph 2. The Management Board may, on demand, request assistance from one or more members of the panel of experts in connection with the processing of specific supervisory matters, including members of the panel of experts following the decision of the President to participate in the meetings of the Management Board ; without voting, cf. 345, paragraph. 8, 2. pkt;, in the law of financial activities.

Paragraph 3. The Management Board may, in addition, decide to allow members of the panel of experts to participate in the preparation of cases, including in the subcommittees, cf. § 19.

Paragraph 4. To the extent the Board has requested members of the panel of experts to assist in matters of such cases, cf. paragraph 2 and 3, members of the Board of Directors may discuss the matter, including provided material with the members of the expert panel, cf. Two. Act. In cases where the Board has asked members of the panel of experts for assistance, cf. paragraph 2, may the Director and the Director of Finance be the Director of the Financial Authority, regardless Act. in the case of a special case, in conjunction with a decision that a matter, including extradition documents relating to the matter alone can be discussed by members of the Management Board. In matters covered by 2. Act. shall provide the Chairman and the Board of Directors in contact with the relevant members of the panel of experts.

Paragraph 5. The Board Secretariat shall send the necessary material to the members of the expert panel. Members of the panel of experts may only receive material for the treatment of the case to which they are to participate.

Paragraph 6. A company that emits information on business or operational secrets to the Financial supervision may be made by the chairman of the Board of Directors to submit that the information does not belong to members of the expert panel. If the Management Board has taken a decision to allow members of the panel of experts to participate in the treatment of cases referred to in paragraph 1. In the case of the nature of the crew, the chairman shall decide, in the light of the nature of the crew, to the extent and under which the information should be given to members of the panel of experts.

§ 25. The consumer ombudsman is convened at the management of the management of the supervisory proceedings on refine business practices, good practices and price information, cf. § 345, paragraph 1. 9, 1. pkt;, in the law of financial activities. The consumer ombudsman has in matters covered by 1. Act. the same powers as members of the board, cf. § 345, paragraph 1. 9, 2. pkt;, in the law of financial activities.

SECTION 26. The Board Secretariat shall forward to the Consumer Ombudsman the necessary material to the Consumer Ombudsman and members of the panel of experts in which section 12 concerning the call for invocation shall be applied with the necessary adjustments. The consumer ombudsman and members of the panel of experts may only receive material for the treatment of the case to which they are to participate.

Special experts on ferry and Greenland conditions

§ 27. The autonomy of the Ferry and Greenland autonomy shall appoint each one of the experts who may participate in the meetings of the Management Board, without voting, cf. § 345, paragraph 1. 15, in the law of financial activities.

Paragraph 2. It will only be in cases of ferry or Greenlandic conditions that the chairman of the board has the opportunity to convene the ferry or vegetable expert.

Chapter 7

Part-lubrication and foregoing

Partsharing

§ 28. In cases where a party hearing is to be carried out by administrative law, the Financial supervision or the Corporate Management Party shall carry out the partshearing before the matter is submitted to the Administrative Board.

Paragraph 2. In cases where the part sheping of the administrative act is carried out, cf. paragraph 1, the draft decision or decision shall be submitted to the party at the same time as the decision and the other dossier shall be sent to the members of the board, cf. § 12, paragraph 1. THREE, ONE. pkt., and paragraph. 4. In matters covered by 1. in the case of the Danish Agency for Finance, the Danish Board of Directors considers that the matter is subject to the rules of the legislation relating to publication shall also be attached to a draft decision or decision to which it is intended to be published. The Party shall then have the opportunity before the proceedings before the Board of Directors to submit a consultation on the publication, including stating the information which, in the opinion of the party, may, where appropriate, be removed from the draft decision before the end of the day ; publication.

Pretread

§ 29. In the section 3, section 3. 1, no. The majority shall have the right to appear before the management board and to make a brief oral statement before the management board decides.

Paragraph 2. The duration of the oral question shall be limited to 10 minutes unless the President, exceptionally, allows for a longer period of time.

Paragraph 3. The President may decide only that the right to apply falls in cases of a particularly urgent nature, cf. § 345, paragraph 1. 10, 2. pkt;, in the law of financial activities. In addition, the right to an event falls if there are significant investigative considerations that are subject to the subject of the subject of the agreement, cf. § 345, paragraph 1. 10, 3. pkt;, in the law of financial activities.

Paragraph 4. The oral question is a supplement to the written material in the case. The Commission shall inform the Secretariat, before the sitting, in writing to the Secretariat, in writing, of the actual and legal circumstances of the entry that will be submitted to the Administrative Board.

Paragraph 5. The President may cut statements relating to matters which are of no consequence to the decision of the case. The President may permit clarification of questions to the person who has requested his request.

Paragraph 6. The President shall set the time for the oral question. If the requested event is prevented from meeting or not meeting the time of the lecture, the right of the forfeit shall be forfeit. In these cases, the board shall decide on the basis on which it is available

Paragraph 7. The person who has requested shall have the right to be present during the course of the proceedings and in response to any questions, not during the handling of the matter.

Chapter 8

Annual report and budget of the Financial supervision

Annual report

-$30. The Financial Board of Finance shall submit the annual report to the Financial supervision of the Management Board ' s approval.

Paragraph 2. The annual report shall be subject to the Board of Governing Board and shall be signed and dated by the Management Board and the Director of Finance in association with the declaration in the management drawing board.

Paragraph 3. If a Board of Directors or the GL ' s Director shall disagree with the annual report or object to the approval of the annual report with the content decided on, the agreement or objections shall be adequately and specifically justified ; the endorsement of the annual report and report shall be given in the Management Report. The person concerned must not fail to sign the annual report.

§ 31. The Financial Board of Finance shall submit draft budget to the Financial supervision of the Management Board ' s approval.

Chapter 9

Inhability and limitation of the other functions of the governing board members

Inhability

§ 32. The members of the Board shall not participate or attend a case where the Member is inhabibilled according to the rules of the administration.

Paragraph 2. A Member who will be aware of the fact that there are circumstances which are appropriate to give rise to doubts about the urgency of their concerns and prior to the examination of a case, the Board shall inform the Board of the Management Board accordingly.

Paragraph 3. In case of doubt, the Management Board shall decide without the participation of the member in question whether the person concerned is an inhavan.

Paragraph 4. If the management board considers that the delivery of material relating to a case to an inhabilt member should not take place, the Board of Directors may decide that the material not, or not, at a specified time, must be handed over to the Member in question. The Management Board may delegate this competence to the President.

Paragraph 5. The question of inhability should be included as a regular item on the agenda of the meetings of the Management Board.

Paragraph 6. Paragraph 1-4 shall apply by analogy to the observer, members of the panel of experts and the Consumer Ombudsman.

Chapter 10

Publicity, confidentiality, etc.

Publicity

§ 33. Meetings of the board are not public.

§ 34. Where the Danish Board of Finance or the Danish Board of Directors assesses that a management matter is subject to the rules of legislation relating to disclosure, including anonymisation in the publication, or the disclosure of publication, the material, which shall be provided for in the legislation, shall be submitted to the Administrative Board, contain an announcement setting. At the same time as a decision of the matter, the Management Board shall then decide whether the decision should be published, anonymized, or exempted from publication. Decision on publication in accordance with 2. Act. shall be, at last, and cannot be brought to the second administrative authority.

Paragraph 2. Paragraph 1 shall apply to the decisions taken by the Management Board to surrender cases to police investigations.

Communication and contact with the public

$35. The Chairman shall represent the Executive Board A member of the Management Board or anyone who has participated in the handling of cases on the Board shall not, without the consent of the chairman, express themselves to the public opinion on the conditions and decisions of the Management Board ; Financial supervision.

Confidentiality and so on.

§ 36. Members of the Management Board, the observer, members of the panel of experts and the Consumer Ombudsman are subject to the confidentiality of Article 354 (4). Paragraph 1, in the Act of Finance, and Article 84 (a), 1, in the Act on securities trading, etc., cf. § 345, paragraph 1. 11, in the Act of Financial Enterprise and Article 84 (4). 3, in the Act on securities trading, etc.

Material received in connection with the trustee

§ 37. A member of the board shall keep all material on the basis of the request of the Management Board, in a responsible manner. By severance, a board member is required to hand over all the material to the Board of Directors.

Chapter 11

Final provisions

Accession

§ 38. Each of the governing board shall sign a copy of the current Rules of Procedure and by his signature of the Rules of Procedure to sign a copy of the current Rules of Procedure, and by his signature of the Rules of Procedure, that they have entered its provisions and their provisions ; provisions referred to in the Rules of Procedure.

Paragraph 2. The Management Board shall ensure that new board members are introduced to the Financial supervision duly duly.

Amendment to the Rules of Procedure

§ 39. Amendments to the Rules of Procedure may be amended if a majority of the members of the Management Board shall be voting in favour.

Paragraph 2. The Management Board shall periodical review and review the Rules of Procedure at least annually in order to ensure that this is always adapted to the needs of the financial system and reflect the activities of the Financial Services.

Entry into force

§ 40. The announcement shall enter into force on the 15th. December 2014.

Paragraph 2. Publication no. 355 of 4. April 2013 on the Rules of Procedure for the Funda Company fell on 1. July, 2014.

Financial supervision, the 24th. November 2014

Mads Bryde Andersen

/ Ulrik Nutgaard