Key Benefits:
Law of 16 November 1995 on the review of the control of securities in connection with the implementation of the Directive on the provision of investment services in transferable securities and of the Directive on the implementation of the Directive on the implementation of the Directive on the implementation of the Directive on the implementation of the provisions of the Directive on the capital adequacy of investment firms and credit institutions
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have considered that it is necessary to amend the control of securities law in order to implement the provisions of the Directive No 93 /6/EEC to the Council of the European Communities of 15 March 1993 on the capital adequacy of investment firms and credit institutions ( PbEG L 141) and of Directive No 93 /22/EEC of the Council of the European Communities of 10 May 1993 on the provision of investment services in transferable securities ( PbEG L 141), and that it is desirable to redefine the control of securities in relation to this, as well as in relation to any necessary other adjustments to that Act;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
For the purposes of this Act and the provisions based thereon, the following definitions shall be understood as:
a. Effects:
1 °. Equity certificates, debt securities, profit and job-raising certificates, option certificates, warrants, and similar securities;
2. rights of participation, options, rights of transfer in time of goods, entries in shares and debt registers, and similar rights, contingent, whether contingent or not;
3 °. certificates of values as intended for this purpose;
4 °. receptions of values as intended for this purpose;
b. [ Red: Expiring;]
c. [ Red: Expiring;]
d. [ Red: expired;]
e. stock exchange: a market that is subject to rules and which is intended for the collection of supply and demand of securities;
f. [ Red: expiring;]
g. [ Red: expired;]
h. [ Red: Expiring;]
i. [ Red: Expiring;]
j. [ Red: Expiring;]
k. [ Red: expired;]
l. [ Red: Expiring;]
m. [ Red: Expiring;]
n. Our Minister: Our Minister of Finance;
o. public bid: an offer made by means of a public notice as referred to in Article 217, 1st paragraph, of Book 6 of the Civil Code beyond a closed circle, on securities, or an invitation to make an offer, outside a closed circle, on securities, where the bidder has the object of acquiring such securities;
Bidder: a natural person, a legal person, a company or a comparable body or partnership with it, by whom or on behalf of whom or on whose behalf, together with one or more other natural persons, a public bid is prepared or released or has been issued by legal persons, companies or similar bodies or associations thereof;
q. [ Red: expired.]
No securities within the meaning of this Act are:
a. values which only bear the character of a means of payment;
b. apartment rights.
1 If Our Minister finds that an institution whose securities have been offered or will be offered, the person offering these securities, a bidder, driver, commissioner or official as intended Article 6a, third paragraph , a securities institution, other than an institution as referred to in Article 7, second paragraph, point (h) or (j) , or an institution as referred to in Article 18a, first paragraph , the at or under the Articles 3, 1st and 4th Member , 4 , 5 first paragraph, second sentence, introductory wording and parts b and c, and third member , 5a, first and fourth members , 6a, second and third members , 6b , 11, 1st Member , 18a, 1st Member , 18b, 2nd Member , the in- Chapter XII He shall draw the attention of the person concerned accordingly.
2 If necessary, our Minister shall accompany the communication provided for in paragraph 1, accompanied or followed by a designation to follow a certain line of conduct in particular with a view to providing for the proper functioning of the the securities markets or the position of investors in those markets.
3 The person to whom the designation referred to in paragraph 2 is addressed shall follow that designation within a period to be determined by Our Minister.
4 [ Red: Expated.]
5 [ Red: Expated.]
6 [ Red: Expated.]
7 [ Red: Expated.]
1 Our Minister may at:
a. [ Red: Expiring;]
b. [ Red: Expiring;]
c. [ Red: Expiring;]
d. [ Red: expired;]
e. [ Red: expiring;]
f. [ Red: expiring;]
g. [ Red: expired;]
h. [ Red: Expiring;]
i. [ Red: Expiring;]
j. [ Red: Expiring;]
k. [ Red: expired;]
l. [ Red: Expiring;]
m. [ Red: Expiring;]
n. [ Red: expired.]
o. Applicants for a waiver as intended Article 25, first paragraph ;
p. [ Red: Expiring;]
q. [ Red: expiring;]
2 The person from whom the information referred to in paragraph 1 is required shall be supplied within the time limit set by Our Minister.
3 As regards the persons entrusted by Our Minister with intelligence to seek information or with the exercise of other tasks and powers which our Minister has on the basis of, by virtue of, or under this law, the Articles 5:12 , 5:13 , 5:15 , 5:16 , 5:17 and 5:20 of the General Law governing law of corresponding application, except that if an investigation as referred to in Article 36, first paragraph It shall be established, the person to whom the investigation is to be subject and which is not subject to supervision by virtue of this Law, shall be kept only in respect of the provision of access to business data and documents.
1 Data and information supplied or derived from individual undertakings or institutions pursuant to this Law or obtained, and information and information obtained from a body as referred to in this Act. Article 33, first paragraph , or 33 A , first paragraph , have been received, are not published and are secret.
2 It is for any person who, by virtue of the application of this Law or of acts adopted pursuant to this Law, fulfils any tasks, prohibitions of data or information, provided under this Law or of an authority as referred to in Article 3 (2). Article 33, first paragraph , or 33 A , first paragraph , to be used, further or otherwise, in the investigation of business data and documents, or to make further or otherwise known other than for the performance of his or her task or through this law, receive, receive, or be informed of, demanded.
3 The first and second paragraphs shall be without prejudice to the applicability of the provisions of the second paragraph, in respect of the person to whom the second paragraph applies. Code of Criminal Procedure .
4 The first and second paragraphs shall be without prejudice to the applicability of the provisions of the second paragraph, in the same way as to the person to whom the second paragraph applies. Law of Civil Procedure and from Article 66 of the Bankruptcy Law which relate to a declaration of information or information obtained in the performance of its position as a witness or as a party to a party or party in civil matters or as an expert in civil matters. the task assigned to it, in so far as it relates to information or intelligence on a securities institution which has been declared bankrupt or has been dissolved on the basis of a court ruling. The previous sentence does not apply in the case of data or intelligence relating to undertakings or institutions that have been or have been involved in an attempt to enable the securities institution concerned to establish its business. -to continue.
5 By way of derogation from paragraphs 1 and 2, our Minister may, using information or information obtained in the performance of the task conferred upon him by this Law, make communications as long as they cannot be traced back to the office of the Minister. individual companies or institutions.
6 By way of derogation from the first, second and fifth paragraphs, our Minister may provide information or information in the performance of the task entrusted to him by virtue of that law to the holder of a task under which he is Article 22 recognised stock exchange with a view to monitoring compliance with the rules to be applied for that stock exchange. The information or information thus provided shall be the first and second paragraphs of the corresponding application.
1 Tasks and powers which our Minister under this Act may, except for the tasks and powers, may be intended in the Articles 8 , 10 , 18 , 22 , 25 , 26 , 26a , 27 , 28a, fourth member , 41 , 42 , 45 , 46b, third paragraph, point (c) and fifth paragraph , 46d , 48a , 48b, third member , 48c, third member , and 48m, second member , and with the exception of the granting of an exemption as referred to in the Articles 4 , 5 , 5a , 6c and 18b , in the case of a general measure of management, be transferred to one or more legal persons. As a result, the obligations under this law against our Minister apply as obligations to the relevant legal person or legal persons.
2 A transfer as referred to in paragraph 1 shall be carried out only if the legal person concerned fulfils the following requirements:
(a) he must be in a position to perform the duties and powers referred to in the first paragraph;
(b) the conditions must be in place for decision-making within the legal person to ensure that the tasks and powers provided for in paragraph 1 are independent as far as possible;
(c) The statutes of the legal person shall provide that the appointment, suspension and dismissal of the directors of the legal person shall be made by Our Minister.
3 The transfer referred to in paragraph 1 may be subject to restrictions and shall be subject to rules.
4 Our Minister may give to a legal person referred to in the first paragraph rules implementing directives on the securities movement of the Council of the European Union or of the European Parliament and of the Council of the European Union together.
5 The legal person or legal persons shall report to our Minister once a year, by 1 May at the latest, on the exercise of the tasks and powers transferred during the previous calendar year. This report shall be made public by the care of Our Minister, except that data relating to individual undertakings and institutions shall not be made public without their written consent.
6 If, pursuant to the first paragraph, tasks and powers have been transferred to one or more legal persons, they may or may be heard before:
a. Recognition as intended Article 22 is granted or withdrawn;
b. Requirements as set out in Article 24, second paragraph , and 27, second paragraph , are given;
c. a waiver referred to in Article 25 is granted or withdrawn;
d. A statement of no objection as referred to in Article 26a is granted, amended or withdrawn;
e. a period as referred to in Article 45, fourth paragraph It will be determined.
7 The legal person to whom an opinion referred to in paragraph 6 is sought shall be required to deliver this opinion.
8 The legal person or legal persons shall supply to the latter, on request, the information required for the assessment of the enforceability of proposed legal provisions and general policy plans, to the extent that they relate to securities transactions.
1 It is a legal person as defined in Article 40, first paragraph , forbidden to amend its statutes without the prior permission of Our Minister. Articles 10:28 to 10:31 of the General Administrative Law Act shall apply mutatis mutandis.
2 Our Minister may refuse permission as referred to in the first paragraph if the Statutes after the amendment would be sufficiently aligned with the provisions of the Article 40 .
1 By way of derogation from Article 8: 7 of the General Administrative Law Act for actions against decisions taken under this Law, the court in Rotterdam shall have jurisdiction.
2 To a decision pursuant to this law on the rules, set at or under the Articles 3 to 4 or Chapter II A , with the exception of a decision on the imposition of an administrative penalty as set out in Article 48c , is Article 7: 1 of the General Administrative Law Act Not applicable.
3 By way of derogation from the first paragraph, appeals against decisions relating to the rules shall be laid down in or pursuant to the rules of Articles 3 to 4 or Chapter IIA , with the exception of decisions on the imposition of administrative penalty, as referred to in Article 48c , the College of Appeals for the business community.
1 Our Minister is empowered to have a legal person to whom Article 40, first paragraph , tasks and powers have been transferred the data or intelligence required for an investigation into the adequacy of this law or the manner in which the legal person conducts or has implemented this law, if that proves necessary for the purpose of prudential supervision.
2 The legal person referred to in paragraph 1 shall be obliged to supply to our Minister the information or intelligence referred to in paragraph 1. If our Minister asks the legal person to provide certain information or intelligence Article 31, first and second paragraphs , fall, the legal person shall not be obliged to provide such data or information, if:
a. These relate to or are retractable to a separate legal person, company or natural person, with the exception of data or information relating to, or retractable to, a separate securities institution to which a licence as referred to in Article 7, first paragraph , has been granted or has been authorised or has expired, which has been granted payment or which has been declared bankrupt or has been decomposed on the basis of a court ruling;
(b) those relating to undertakings or institutions which have been or have been involved in an attempt to enable a securities institution to pursue its business; or
c. these have been received from a body as intended Article 33, first paragraph -or have been obtained on the basis of an investigation by a branch of securities located in another State, unless the express consent of that body is obtained from the office of the office of a branch in another State. Supervisory authority of the State where the on-the-spot verification was carried out.
3 Our Minister is empowered to carry out a third party to examine the information or information supplied to him pursuant to the second paragraph and to report to him. Our Minister may also authorize the third party to act in his order to obtain information or information on his behalf, in which case the first and second paragraphs shall apply mutatis mutandis.
4. Our Minister may use the information or information obtained under the second or third paragraph only for the purpose of forming his assessment of the adequacy of this law or the manner in which the legal person is intended, in the first case, to member, implement this law or have implemented it.
5 Our Minister and those acting in his mandate shall be obliged to keep confidential information or information received pursuant to the second sentence of the second paragraph. Article 31, first and second paragraphs, shall apply.
6 Notwithstanding the fourth and fifth paragraphs, our Minister may inform the States-General of the findings and the conclusions drawn from the data or intelligence and make the conclusions publicly available from the investigation.
7 The Law open-to-board , the Law National Ombudsman and Title 9.2 of the General Administrative Law Act shall not apply in respect of the particulars or information referred to in this Article which our Minister or the third party acting under his mandate shall have under his or her behalf.
1 Our Minister may impose a penalty on penalties in respect of violation of regulations, stated at or under the Article 3, first and fourth paragraphs, 4, second paragraph , 5, third member , 5a, fourth member , 6, second paragraph , 6a, first and third members , 6b , 6c, 2nd Member , 7, first, third, fourth and seventh member , 10, second paragraph , 11, first and second members , 11a, first and second members , 12, second and fourth members , 13, first paragraph, second sentence, fifth, sixth, seventh and ninth member , 15, second paragraph , 16, first, seventh, eighth and tenth member , 17, first paragraph , 18, second paragraph , 18a, 1st Member , 18b, 2nd Member , 19, third member , 21, 6th paragraph , 22, first and third members , 23 , 24, first and third members , 26a, first, fifth, sixth and ninth member , 28, third and sixth member, point (a) , 28c, second, third and fourth member , 28a, 2nd and 4th Member , 29, second and third members , in so far as it concerns the requirement of: Article 5:20 of the General Administrative Law provide access to business data and documents; 29a, second and fourth sentences , 36, second paragraph , 37, second paragraph , 39, third member , in so far as it concerns the requirement on the basis of Article 5:20 of the General Administrative Law to grant access to business data and documents; 46, ninth member , 46b, first paragraph, point (d) , 47, first to fifth, seventh and eighth members , 47a, first to third members , 47c, first and third members , 47th , 47f and 48, first and second members .
2 The Articles 5:32 2nd to Fifth paragraph , and 5:33 to 5:35 of the General Administrative Law Act shall apply.
3 Our Minister may lay down rules on the exercise of the power referred to in the first paragraph.
1 Our Minister may impose an administrative fine on infringement of regulations, imposed on or under Article 3, first and fourth paragraphs, 4, second paragraph , 5, first paragraph, second sentence, introductory wording and parts b and c, and third member , 5a, first and fourth members , 6, second paragraph , 6a, first and third members , 6b , 6c, 2nd Member , 7, first, third, fourth and seventh member , 10, second paragraph , 11, first and second members , 11a, first to fifth members , 12, second and fourth members , 13, first paragraph, second sentence, fifth paragraph, sixth member, first sentence, seventh and ninth member , 14, first and fourth members , 15, second paragraph , 15a, first, second and third members , 15b, first and second members , 16, 1st, Seventh, Eighteenth and Tenth to 12th member , 17, first paragraph , 18, second paragraph , 18a, 1st Member , 18b, 2nd Member , 19, third member , 21, 6th paragraph , 22, first, third and fifth members , 23 , 24, first and third members , 26a, first, fifth, sixth and ninth member , 28, third and sixth member, point (a) , 28c, second, third and fourth member , 28a, 2nd and 4th Member , 29, second and third members , in so far as it concerns the requirement of: Article 5:20 of the General Administrative Law provide access to business data and documents; 29a, second and fourth sentences , 36, second paragraph , 37, second paragraph , 39, third member , in so far as it concerns the requirement on the basis of Article 5:20 of the General Administrative Law to grant access to business data and documents; 46, first, third and ninth member , 46a, first and second members , 46b, 1st Member , 47, first, second, fifth, seventh and eighth members , 47a, first to third members , 47c, first and third members , 47d, third member , 47th , 47f and 48, first and second members and Articles 26 (5), (30) and (34) of the Prospectus Regulation.
2 The administrative penalty is paid to the State. As far as our Minister with application of Article 40, first paragraph , the power to impose an administrative fine has been transferred to a legal person, the fine shall be the penalty to that legal person.
3 Our Minister, in agreement with our Minister of Justice, may lay down rules on the exercise of the power referred to in the first paragraph.
1 The amount of the fine shall be determined in the manner provided for in the Annex On the understanding that the penalty for a separate infringement shall not exceed € 900 000.
2 The Annex shall determine the amount of the fine to be imposed for each infringement specified therein.
3 The Annex may be amended by a general measure of management.
4 Our Minister may lower the amount of the fine than in the Annex where the amount of the fine in a particular case is not proportional to the amount of the fine in a particular case.
5 For violation of regulations, stated at or under a general measure of management on the basis of the Articles 3, 1st and 4th Member , 5, first paragraph, second sentence, introductory wording and parts b and c , 6a, third member , 7, fourth member , 11, first paragraph and second member , 11a, fifth member , 17, first paragraph , or 18a, 1st Member , the amount of the fine is determined in the manner provided for in that general measure of management. The first to fourth paragraphs shall apply mutatis mutandis.
The person to whom our Minister has carried out an act to which he can reasonably commit the inference that a fine will be imposed on him on account of an infringement shall not be required to make any statement on that matter. He shall be informed of this before he is asked orally for information.
1 If Our Minister intends to impose a fine, he shall notify the person concerned of the grounds on which it is based.
2 By way of derogation from Section 4.1.2 of the General Administrative Law The Secretary of State shall give the person concerned the opportunity to make his views known in writing or orally before the imposition of the fine, unless it is a breach in the law of the Annex or the general measure of governance, referred to in Article 48d -It's been designated.
1 Our Minister imposes the fine on the decision.
2 The decision states, in any event, that:
a. the fact of which the fine is imposed, as well as the breach of requirement;
b. the amount of the fine and the data on the basis of which this amount is determined; and
c. the period specified in Article 48i, first paragraph , within which the fine must be paid.
1 The operation of the decision to impose a fine shall be suspended until the period of appeal has expired or, if appeal has been lodged, has been decided on the appeal.
2 By way of derogation from paragraph 1, the operation of the order to impose a fine for an infringement on the basis of Article 48f, second paragraph , has been designated, suspended until the objection period has expired or, if objection has been objected to, has been decided upon.
1 The fine shall be paid within six weeks of the entry into force of the order of the order of which it was imposed.
2 The penalty shall be increased by the statutory interest from the date on which the decision has been published six weeks from the date of publication of the decision, unless it is an infringement on the basis of Article 48f, second paragraph -It's been designated.
3 If the fine has not been paid in due time, our Minister shall send a letter of notice in writing to pay the fine, plus the cost of the formal notice, within two weeks. The notice shall contain the notice that the fine, provided that it is not paid within the prescribed period, will be recovered in accordance with the third paragraph.
4 In the absence of a timely payment, our Minister may order the fine, increased by the cost of the formal notice and the recovery, in the case of a compulsory order.
5 The coercive order shall be served at the expense of the offender upon bailier's exploit and shall deliver an enforceable title within the meaning of the Second Book of the Code of Civil Procedure.
6 For six weeks after the date of service, opposition to the order shall be open by a subpoena from the legal person which has imposed the fine.
7 The objection shall not suspend execution unless the security of the security of the proceedings of the Court of Justice for interim relief is otherwise decided upon.
8 The objection cannot be based on the allegation that the fine has been found unduly or at an excessive amount.
1 The power to impose a fine shall lapse if criminal proceedings have been instituted in respect of the offence and the investigation has commenced at the hearing, or the right to criminal proceedings has expired pursuant to Article 4 (1) of the Article 74 of the Code of Criminal Law .
2 The right to criminal prosecution in relation to a violation as referred to in Article 48c be cancelled if our Minister has already imposed a fine on that infringement.
1 The power to impose a fine shall lapse three years from the date on which the offence was committed.
2 The period referred to in paragraph 1 shall be interrupted by the publication of the decision imposing a fine.
The proceedings relating to the imposition of a periodic penalty payment or penalty shall be carried out by persons who have not been involved in the determination of the offence and the prior investigation of the offence.
1 In order to ensure adequate functioning of the securities markets or the position of investors in those markets, Our Minister may, without prejudice to Article 31, first and second paragraphs , the fact of which the charge has been imposed on the penalty payment or administrative penalty, the breach of requirement and the name, address and place of residence of the person to whom the charge has been imposed on the penalty payment or administrative fine, in public bring knowledge.
2 Our Minister may lay down rules on the exercise of competence referred to in the first paragraph.
1 Our Minister may, by way of derogation from Article 31 , in order to promote compliance with this law to public knowledge:
(a) refusal to grant an authorization, exemption or declaration of objection where such refusal may no longer be appealed against and the applicant acts as the licence, waiver or declaration of no objection. objection;
b. the fact that the person who offers securities and upon whom, in his opinion, the prohibition, is intended to Article 3, first or fourth member , applicable, acts contrary to that prohibition;
c. the fact that a securities institution, to which its judgment is the prohibition, is intended to Article 7, first paragraph , is applicable, does not have a licence;
d. the fact that the person subject to an exemption as referred to in Article 10 is applicable, does not comply with the rules which are attached to that exemption;
e. the fact that the holder of a stock exchange, to which, in his opinion, the prohibition, is intended to Article 22, first paragraph , is applicable, does not have a recognition or a waiver; or
f. the fact that the holder of a stock exchange subject to an exemption as referred to in Article 25 is applicable, does not comply with the rules which are attached to that exemption;
g. his designation as intended Article 28, second paragraph In respect of failure to comply with the rules laid down in or pursuant to Articles 6a, second or third paragraph , 6b , 18a, 1st Member , 18b, 2nd Member or Article 47, first paragraph, first sentence, and fifth paragraph .
The person to whom Our Minister has carried out an act to which he can reasonably commit the inference that Our Minister has acted or failed to act on the basis of Article 48n has no obligation to make a statement on this matter, to public knowledge. He shall be informed of this before he is asked orally for information.
1 Our Minister gives, if he intends on the basis of Article 48n a fact to be made available to public knowledge, the person concerned shall be informed of the grounds on which the intention is based.
2 In addition to Article 4: 8 of the General Administrative Law Act Our Minister has not been obliged to give the person concerned the opportunity to express his views, if the person concerned is not aware of the address and cannot be given a reasonable effort.
The decision on the basis of Article 48n where a fact is to be communicated to public authorities, it shall at least:
the public knowledge of the facts;
the manner in which the public knowledge is brought to public knowledge; and
the period after which the fact is brought to public notice.
Unless the promotion of compliance with this Act does not permit a postponement, the operation of the decision shall be Article 48n to suspend public knowledge of a fact until the period of appeal has expired or, if appeal has been lodged, has been decided on the appeal.
By way of derogation from Article 3:40 of the General Administrative Law the decision shall enter into force on the day on which the fact is brought to public notice without suspension of the action for the duration of the period of action or, where an appeal has been lodged, if the person concerned does not have an address It is known and the address cannot be obtained with a reasonable effort.
1 The power to do so on the basis of Article 48n the revocation of a fact for public knowledge of the fact that criminal proceedings have been initiated and that the investigation has commenced at the hearing, or that the right to criminal proceedings has expired pursuant to Article 4 (2) of the EC Treaty. Article 74 of the Code of Criminal Law .
2 The right to criminal proceedings with regard to a fact referred to in Article 48m shall expire if our Minister has already brought the matter to public knowledge.
1 The power to do so on the basis of Article 48n a public knowledge fact shall expire three years after the date on which the fact has been taken.
2 The period referred to in paragraph 1 shall be interrupted by the publication of the decision bringing the fact to public notice.
The work in connection with the Article 48n the public knowledge of a fact is carried out by persons who have not been involved in the determination of the fact and the prior investigation of that fact.
This law is cited as: Securities control law 1995.
Burdens and orders that are in the State Sheet will be placed, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Issued in Gravenhage, 16 November 1995
Beatrix
The Minister of Finance,
G. Zalm
Published on 5 December 1995The Minister of Justice,
W. Sorgdrager
For the offences listed in Table 1 and Table 2, committed after the date of entry into force of this Regulation. Chapter XII B of this Act, the amounts of the fines were fixed as follows:
Tariff number: Amount (fixed rate):| 1. |
€ 453 |
| 2. |
€ 907 |
| 2a. |
€ 1 815 |
| 3. |
€ 5 445 |
| 4. |
€ 21 781 |
| 5. |
€ 87 |
(1) If a fine is imposed for breaching a provision as listed in Table 1 1 , in fixing the amount of this fine, is the following category breakdown according to own funds with the corresponding factor. 2 :
Category format of the normal consigneesCategory I: natural persons, legal persons and companies with an own funds of less than € 136 100; Factor: 1;
Category II: natural persons, legal persons and companies with an equity of not less than € 136 100 but less than € 272 300; Factor: 2;
Category III: natural persons, legal persons and companies with an own funds of not less than € 272 300 but less than € 453 800; Factor: 3;
Category IV: natural persons, legal persons and limited liability companies of not less than € 453 800 but less than € 4 538 000; Factor: 4;
Category V: natural persons, legal persons and company members with an own funds of not less than € 4 538 000; Factor: 5.
2. The fine is determined by the amount, intended in Article 1 , multiplying by the factor of the category of own funds referred to in the first paragraph.
(3) If the information on own funds has not been made available to Our Minister, our Minister may ask the person to whom the fine is imposed to provide such information within a time limit to be set by him. If the person concerned does not comply with this request within the prescribed period, the amount of the fine category V shall apply when determining the amount of the fine.
4. If a fine is imposed for breaching Article 18b, second paragraph By way of derogation from the first paragraph, the following category of classification shall apply to the factors which are related to the following:
for settings as specified in Article 7, second paragraph, point (a) -classification of Article 2 of the Annex, as referred to in Article 2 of the Annex Article 188d, first paragraph, of the Insurance Act 1993 for the classification of the classification referred to in Article 2 of the Annex, as provided for in Article 2 of the Annex, Article 93d (1), first paragraph, of the in-service insurance supervision Act ;
for settings as intended In Article 7, second paragraph, point (f) -classification of Article 2 of the Annex, as referred to in Article 2 of the Annex Article 33d, 1st paragraph, of the Investment Institutions Supervision Act ;
for settings as specified in Article 7, second paragraph, point (k) -classification of Article 2 of the Annex, as referred to in Article 2 of the Annex Article 23c, 1st paragraph, of the Pensions and Savings Act Act for the classification of the classification referred to in Article 2 of the Annex, as provided for in Article 2 of the Annex, Article 21c, first paragraph, of the Law on compulsory participation in occupational pension scheme ;
for credit institutions or financial institutions as referred to in Article 1 (a) (a) (1), (c) of the Credit Supervision Act 1992 , not to be an institution as intended Article 7, second paragraph, point (h) -classification of Article 2 of the Annex, as referred to in Article 2 of the Annex Article 90d, first paragraph, of the Credit Supervision Act 1992 .
5. For the purposes of the second and third paragraphs, for the institutions referred to in points (a), (c) and (d) of the fourth paragraph, 'own funds' shall be defined as 'balance sheet total'.
On the basis of Article 48f, second paragraph , the person concerned should not be given the opportunity to make a choice in writing or orally before the fine is imposed if it is an infringement for which tariff number 1 or 2 is fixed.
Table 1Table 1
| Infringement of rules laid down in Article 2: |
Tariff number: |
| 6, second paragraph |
3 |
| 7, third member |
4 |
| 7, seventh member |
3 |
| 11a, 1st Member |
1 |
| 11a, second member |
1 |
| 12, second paragraph |
4 |
| 12, fourth member |
4 |
| 13, first paragraph, second sentence |
1 |
| 13, fifth paragraph |
1 |
| 13, sixth paragraph, first sentence |
1 |
| 13, seventh member |
4 |
| 13, ninth member |
1 |
| 14, first paragraph |
1 |
| 14, fourth member |
4 |
| 15, second paragraph |
2 |
| 15a, first member |
1 |
| 15a, second member |
1 |
| 15b, first paragraph |
1 |
| 15b, second paragraph |
1 |
| 15b, fourth member |
1 |
| 16, 12th member |
2 |
| 18b, 2nd Member |
3 |
| 19, third member |
3 |
| 21, 6th paragraph |
1 |
| 22, third member |
3 |
| 23 |
3 |
| 24, 1st Member |
3 |
| 24, third member |
3 |
| 28, third member |
4 |
| 28a, second member |
4 |
| 28a, fourth member |
4 |
| 28c, fourth member |
3 |
| 29, second paragraph |
3 |
| 29, third member, in so far as concerns the requirement of Article 5:20 of the General Administrative Law |
3 |
| 36, second paragraph |
3 |
| 37, second paragraph |
3 |
| 39, third member |
3 |
| 46a, 1st Member |
5 |
| 47, first paragraph, first sentence |
5 |
| 47, first paragraph, second sentence |
3 |
| 47, second paragraph |
3 |
| 47, fifth member |
5 |
| 47, seventh member |
2a |
| 47a, 1st Member |
4 |
| 47c, 1st Member |
4 |
| 47d, third member |
3 |
| 47th, 1st Member |
4 |
| 47th, third member |
3 |
| 47th, fourth member |
3 |
| 47th, fifth member |
4 |
| 47f |
2a |
| 48, 1st Member |
3 |
| 48, second paragraph, second sentence |
3 |
Table 2
| Infringement of rules laid down in Article 2: |
Tariff number: |
| 3, first paragraph |
5 |
| 3, fourth member |
5 |
| 4, second paragraph |
3 |
| 5, first paragraph, second sentence, introductory wording and parts b and c |
4 |
| 5, third member |
3 |
| 5a, 1st Member |
4 |
| 5a, fourth member |
3 |
| 6a, 1st Member |
5 |
| 6b |
5 |
| 6c, 2nd Member |
4 |
| 7, first paragraph |
5 |
| 10, second paragraph |
3 |
| 11a, third member |
3 |
| 11a, fourth member |
3 |
| 11a, fifth member |
3 |
| 16, first paragraph |
3 |
| 16, seventh member |
3 |
| 16, eighth member |
3 |
| 16, Tenth Member |
3 |
| 16, 11th member |
3 |
| 18, second paragraph |
3 |
| 22, 1st Member |
4 |
| 22, fifth paragraph |
3 |
| 26a, 1st Member |
3 |
| 26a, fifth member |
3 |
| 26a, sixth Member |
3 |
| 26a, ninth member |
3 |
| 28, sixth paragraph, point (a) |
3 |
| 28c, 2nd Member |
3 |
| 28c, third member |
3 |
| 29, second paragraph |
3 |
| 29, third member, in so far as concerns the requirement of Article 5:20 of the General Administrative Law and provide access to business data and documents |
3 |
| 29a, second and fourth sentences |
3 |
| 36, second paragraph |
3 |
| 37, second paragraph |
3 |
| 46, 1st Member |
5 |
| 46, third member |
5 |
| 46, ninth member |
4 |
| 46a, second member |
5 |
| 46b, 1st Member |
5 |
| 47th, 6th Member |
4 |
| 26, fifth member, prospectus regulation |
4 |
| 30 Prospectus Regulation |
4 |
| 34 Prospectus regulation |
4 |
