Companies Act 2014

F336 [ Relevant circumstances to be considered in imposing relevant sanctions on specified person

934D.

934D. (1) This section applies to a specified person the subject of a decision under section 934(8) or (9) that the person has committed a relevant contravention.

(2) In imposing a relevant sanction on a specified person, the Supervisory Authority shall consider the following circumstances:

(a) the gravity and duration of the relevant contravention;

(b) the degree of responsibility of the specified person;

(c) the financial strength of the specified person (including, in the case of a specified person who is not an individual, the total turnover of the specified person or, in the case of a specified person who is an individual, the annual income of the individual);

(d) the amount of profits gained or losses avoided by the specified person in consequence of the relevant contravention, in so far as they can be determined;

(e) the level of cooperation of the specified person with the Supervisory Authority;

(f) previous relevant contraventions committed by the specified person. ]

Annotations

Amendments:

F336

Inserted (21.09.2018) by Companies (Statutory Audits) Act 2018 (22/2018), s. 35, S.I. No. 366 of 2018.