Reporting potential infringements

Interested persons

Any person who has knowledge of the commission of potential or actual infringements affecting the financial and insurance system.

Any person who has knowledge of entities conducting activities legally reserved for entities supervised by the AFA, without being duly authorized.

This section is not intended to address complaints or enquires. If you want to file a complaint or make a enquire, you should follow the respective procedures established for these purposes.

How to submit the communication– Contact us

In order to carry out the corresponding communication, the person knowledgeable of the commission of a potential or actual infringement must submit to the AFA the “form for the reporting of the commission of potential or actual infringements” dully fulfilled and signed and send it along with the supporting documentation required. 

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REPORT AN INFRINGEMENT

 

This form can also be sent by written communication to:

Communication of infringements Area – Andorran Financial Authority

C/ Bonaventura Armengol, 10. Ed. Montclar, bloc 2, 4a planta

AD500 Andorra la Vella (Principality of Andorra)

What should the communication contain

The communication must necessarily contain factual elements from which, at least, a well-founded suspicion of infringement may reasonably be derived. To this end, it must contain, among others, the identity of the confidant, the identity of the entity or the individual who committed the potential infringement, a detailed description of the potential breach, as well as the date on which the infringement took place, must be included.

The communication must necessarily contain factual elements from which, at least, a a well-founded suspicion of infringement may reasonably be derived. For this reason, among others, the following data must be included: 

  1. I. the identity of the confidant;
  2. II. the identity of the entity or the individual who committed the potential infringement;
  3. III. a detailed description of the possible breach;
  4. IV. supporting documentation that proves the potential infringement; and
  5. V. the date on which the infringement took place.

In any case, the information provided must not be a reiteration of information that has already been made public.

Generic or indeterminate issues or those that are subject to judicial proceedings will not be admitted.

Confidentiality

The AFA guarantees the confidentiality of the person who reports potential administrative infringements committed within the entity, unless a legal provision in force requires disclosure in the context of new investigations or subsequent judicial proceedings. In the event that the alleged infringement may constitute a criminal offence, the appropriate transfer shall be made to the Prosecutor’s Office of the Principality of Andorra.

Protection in the workplace

The communication of a potential infringement of market abuse regulations does not constitute a breach of infringement of any restriction on information disclosure imposed by contract or by any legal, regulatory or administrative provision, nor may the person notifying it incur any responsibility in relation to this notification.

Data protection

The AFA will comply, at all times, with current regulations on the protection of personal data. You can consult the data protection section here