Key Benefits:
Decision of 20 September 2012, laying down detailed rules on the financing of supervision of financial markets (Decision financed by financial supervision 2013)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister of Finance of 13 July 2012, No FM/2012/1077 M, made on behalf of our Minister of Social Affairs and Employment;
Having regard to Article 13, 12th paragraph, of the Financial Supervision Act and Article 1:40, Fifth paragraph, of the Financial Supervision Act , Article 41 (4) of the Law Monitoring Organisations , Article 18, third paragraph of the Accounting Supervision Act , Article 160, fourth paragraph, of the Pension Act , Article 155 (4) of the Act on mandatory occupational pension scheme and Article 24, fourth paragraph, of the Pension Act BES ;
The Department for the Advisory Board of the State heard (opinion delivered on 1 August 2012, No W06.12.0300/III);
Having regard to the further report of our Minister of Finance, delivered on behalf of our Minister of Social Affairs and Employment, of 13 September 2012, No FM/2012/01311 M;
Have found good and understand:
For the purpose of this Decision:
a. Measurement data: data provided in accordance with the measure, Annex II and III of the Act , relate to the size of a supervised person;
b. Law: The Funding for financial supervision .
1 The supervisor shall base the annual statement on the basis of Article 13 of the Act the amount of measurement data to be charged to an supervised person and determined or estimated for that person in accordance with the second to the seventh member.
2 The measures of measurement referred to in the first paragraph, with the exception of those relating to the application of the measures to be taken into account. Annex II of the Act 'Market capitalisation' and 'Own funds' measures, relevant data, shall correspond to:
a. The data by 31 December of the last calendar year or with the information relating to that calendar year;
or, if these data are not available,
b. the data at 31 December of the preceding calendar year or with the data for that calendar year;
or, if the annual accounts of the supervised person have not been established by 31 December of a calendar year; or
c. the data per the date on which the annual accounts of that person were last established in the calendar year elapsed.
3 The supervisor shall determine per supervised person the period of time elapsed in the last expired calendar year on which the measurement data for the application of the Annex II of the Act 'Market capitalisation' and 'Own funds'.
4 The measurement data of a person who comes under scrutiny over the course of a year shall be fixed for that year by the date that person is first part of a person. Annex II or III of the Act supervisory category, or, where this information is not available, or where it is not available until after a disproportionate effort, by the date on which the accounts or accounts of that person were last established.
5 The measurement data of the parties involved in a merger, division or dissolution may be determined by reference to the measurement of measurement data established for the assembly, division or decomposition.
6 If the measurement data of a supervised person is not known to the supervisor, that person shall provide, upon request, within a reasonable period to be set by the supervisor, an indication of its data relating to the supervision of the competent authorities. on the measure that is relevant to him.
7 If a person referred to in the sixth paragraph has not made a declaration within the time limit set by the supervisor or has made a manifestly incorrect or incomplete declaration, the supervisor shall make an estimate of his measurement of measurement.
1 With regard to persons whose supervisor has determined that they participate in a fully-fledged manner in a self-monitoring system, the rates are intended to be applied in the Article 13, seventh paragraph of the Act , reduced.
2 As a system of self-surveillance as referred to in paragraph 1, a market-party organisational relationship shall be considered as having the objective of making an effective contribution to the implementation by the supervisory authority of the supervisory authorities of the Member States. compliance with a law as referred to in Article 1 of the Act and with which the regulator has concluded a memorandum of understanding that ensures adequate self-supervision.
The Financing decision financed by financial supervision shall be withdrawn.
This Decision shall enter into force on the date on which the Funding for financial supervision enters into force.
This decision is cited as: Decision financing financial supervision 2013.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 20 September 2012
Beatrix
The Minister of Finance,
J. C. de Jager
Published the ninth of October 2012The Minister for Security and Justice,
I. W. Opstelten
