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Why is the non-compliant party's ability to pay a criterion and how is it determined?

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Published: 12 September 2018

Question:

Why is the non-compliant party's ability to pay a criterion and how is it determined?

Answer:

The legislature believes that the financial impact of an offence on companies of different sizes should be proportionate, which is why their ability to pay is a criterion. Natural persons are also assessed for their ability to pay.

Aspects used to determine legal entities' ability to pay include own funds, balance sheet total, turnover, profit and loss account, and the institution's soundness and liquidity. A natural person's ability to pay is determined on the basis of their income, assets, debts, regular charges and other personal circumstances. It is up to non-compliant parties to provide information on their ability to pay.

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