Regulatory Alerts2018-09-12
Added · Updated
Application of the 'una via' principle to de facto directors
The 'una via' principle applies to de facto directors, requiring supervisory authorities to choose between administrative-law or criminal-law settlement when non-compliance with financial supervision legislation constitutes an offence. This obligation covers both the legal entity and the de facto director. The specific manner of settlement must be discussed and agreed with the Public Prosecution Service and the Fiscal Intelligence and Investigation Service/Economic Investigation Service (FIOD/ECD) of the Dutch Tax and Customs Administration.
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