The various rulings explained

Welcome to the rulings-page of the Foundation for Banking Ethics Enforcement. Here you will find the different kinds of verdicts that can be imposed by the separate branches of the foundation. For a more detailed explanation, please read the Disciplinary Code for the Banking Sector.

Director’s Decision
The General Director (head of the Prosecutor’s Office) may decide to reject a report. This may happen for a number of reasons. The director can decide not to pursue an investigation if he or she is of the opinion that the Report will obviously not lead to a well-founded complaint, either because the complaint does not violate the Disciplinary Code for the Banking Sector or the Banker’s Oath in any way. The director may also decide not to pursue a complaint if he or she deems a reported complaint not serious enough to merit an investigation, or decide to reject the complaint for another reason.

The General Director will always motivate a decisionl to the complainant. Should the complainant disagree with the decision, then he or she may file for a review (see ‘Review’, below).

Dismissal
The Prosecutor’s Office may for a variety of reasons decide not to prosecute a case. As in criminal law, this is called a Dismissal. Complainants may file for a review of the dismissal (see ‘Review’, below).

Review
In case a complaint is rejected or dismissed (see ‘Director’s Decision’ or ‘Dismissal’), and the Prosecutor’s Office will therefore not continue the investigation or pursue the case, then the complainant may ask for a review of the decision by the chair of the independent Disciplinary Commission. The chair may decide that the case should be pursued and direct the Prosecutor’s Office to continue the case.  The chair may also decide that the rejection or dismissal was warranted. Should the chair decide this was so, then that decision is final and the case will not be pursued.

Verdicts Disciplinary Comission
These are verdicts ruled by the independent Disciplinary Commission.

Verdicts Appeals Commission
These are verdicts ruled by the independent Appeals Commission. Both the General Director (as head of the Prosecutor’s Office) and the certified individual may appeal verdicts by the Disciplinary Commission.

Settlement
The Prosecutor’s Office may decide to offer a settlement to a certified individual against whom a complaint was filed. The settlement may involve the acceptance of a sanction (reprimand, fine, compulsory training course) . In any settlement, the name of the certified individual will be recorded into the foundation’s registry for a maximum period of three years.

The disciplinary registry of the Foundation for Banking Ethics Enforcement
Our foundation has a registry in which names of certified individuals upon whom a sanction has been imposed are recorded. This also includes individuals who have agreed to a sanction by means of a settlement. The names will be kept  in the registry up to a maximum period of three years.