Ability to Pay Reviews

Companies negotiating financial settlements with regulators over past business activities may face settlement amounts that could potentially jeopardize their ongoing viability and even lead to their demise. We understand that regulators have no interest or mandate to put otherwise good companies out of business and will consider ability to pay arguments.

During the settlement process, FRA’s team of experts objectively assess a company's ability to pay and provide valuable insight and guidance leveraging decades of experience. We’ve worked with companies all over the world, bringing our specialist expertise to help ensure that, where appropriate, compelling submissions regarding the affordability of potential penalties are considered by enforcement authorities.

Register for our upcoming webinar on 1 August 2024, “Articulating a corporation’s (in)ability to pay”, to engage with our experts on how penalties can become disconcertingly high and how ATP arguments can help in the negotiations.

What our clients say

"I consider them to be at the top of their game. I am yet to find a challenge where they do not have absolutely the right person for the task. That kind of scope and capability is incredibly valuable and their ability to retain these experts is such a benefit."

Client Reference

Chambers and Partners, Litigation Support Guide 2023

What our clients say

Toby Duthie… was praised for “explaining complex matters in a digestible, client and regulator-friendly way”, with one client commenting: “Toby is a great professional and very responsive. Accurate and reactive, his answers are always to the point.”

Client Reference

Chambers and Partners, Litigation Support Guide 2022

What our clients say

"Rob Mason is outstanding on technical pieces."

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Chambers and Partners Insight Report 2022

What our clients say

Rik Workman always produces “excellent results”, thanks to his superb knowledge and experience in the sector.

Client Reference

Lexology Index

What our clients say

How we can help

Credible and objective analysis

Our seasoned experts have extensive, in-depth knowledge of accounting, forecasting and reporting practices in international businesses. Our specialist team includes former regulators, former investment bank specialists, and auditors. The team carefully reviews data and forecasts that have undergone scrutiny by management, external auditors, and/or the board to ensure credibility. Our analysis explores all areas of a company's business, identifies all potential sources and uses of funds, and applies credible stress testing, to assess the impact that various elements may have on the overall ability to pay assessment.

Understanding the expectation of authorities

Our independent advisers have significant experience of conducting and presenting ability to pay studies to regulators around the world, helping them to quickly understand and contextualize the key facts relevant to the circumstances. Engagement with the authorities can take place over an extended period and it is inevitable that a company’s business will evolve over such a period. We understand the importance of being fully transparent about any issues which can materially impact a company’s ability to pay, providing assurance to the objectivity and independence of ability to pay arguments.

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Expertise

Disgorgement and Penalty Calculations

Leveraging decades of experience on many of the world’s largest anticorruption-related settlements.

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Regulatory Investigations

Helping international companies respond quickly and effectively to regulatory investigations.

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Testifying and Consulting Expert Support

An international team of senior specialists with experience providing clear and compelling expertise.

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Audit and Accounting Advisory

Independent professionals with extensive accounting, regulatory compliance, and investigative experience.

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Valuations and Damages

Defensible calculations that combine robust, empirical processes with compelling expert argumentation.

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Forensic Data Analytics

Cutting edge data-oriented processes and tools to extract, understand and systematically analyze large quantities of data.

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Fraud

Investigating, resolving and minimizing the risk of corporate fraud with forensic insight and data-driven solutions.

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Bribery and Corruption

Independent and multi-disciplinary advice for organisations and external counsel on governance, enforcement actions and regulatory compliance.

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