Know whether your client can sign for themselves
If a protective measure is running, you see straight away which one it is and who the court appointed. Useful to know before you accept a signature.
What you see
- Whether curatele or bewind is running, and since when.
- Who was appointed: the curator or administrator you need to deal with.
- The court that administers the measure.
- If a hit only half matches your client, the report says so instead of deciding for you.
Curatele and bewind are not the same thing
Under curatele your client can no longer arrange most things themselves. A curator has been appointed for that, and that is who you deal with. Bewind is more nuanced: your client often still acts perfectly normally, but the administrator has a say over the assets placed under administration.
For your practice the difference comes down to one thing: who do you need, and for what?
Nothing found is not the same as nothing there
Not every bewind ends up in the register. Where it concerns physical or mental circumstances, it is only entered if the judge decided it should be. Bewind because of debts always is. We put that in the report, because an empty result is not a guarantee and we would rather not leave you with that impression.
Extra, not a Wwft obligation
This check is not part of the client due diligence your supervisor asks of you. We run it because the register is public and free, and because it is useful to you. So a hit does not count towards the screening verdict and does not change your risk classification.
We also do not keep the reason a measure was imposed. It is in the register, but it often concerns someone's health, and that has nothing to do with a Wwft file.
Frequently asked questions
- Does this check cost extra?
- No. The register is a public source and the judiciary's webservice is free. The check runs automatically with every screening of a Dutch private individual.
- Does this apply to companies too?
- No. Curatele and bewind are about people, not companies, so there is nothing to look up for an organisation. The report says exactly that, rather than showing an empty box.
- Does a hit change the risk profile?
- No, deliberately not. Having an administrator says nothing about money-laundering risk. It belongs in the file, not in the risk score.
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