Setting the amount of an administrative fine
In what cases does the AFM increase the base amount on the basis of seriousness or culpability? Can the base amount also be reduced? How is it possible for one company to receive a higher fine than another company that has committed, or is committing, the same offence? The AFM answers these questions here, and explains how it sets the amount of an administrative fine.
The law gives the AFM guidance and sets limits with regard to setting the amount of an administrative fine. The legal system distinguishes three categories of administrative fine. The degree of seriousness and duration of the offence, and the degree of culpability of the offender with regard to the offence are also taken into consideration. Consideration is also given to whether the offence has previously been committed, and the proceeds that have been realised. Finally, the offender’s ability to pay is taken into consideration.