Entire Section

  • RPP 6-4 RPP 6-4 Determining the Appropriate Level of Financial Penalty

    • RPP 6-4-1

      The DFSA's penalty-setting regime is based on three principles:

      Derived from Notice of Updates (Made 20th December 2012). December 2012 Edition
      Amended (Made 21st August 2014). August 2014 Edition

    • RPP 6-4-2

      The total amount payable by a Person subject to enforcement action may be made up of two elements: (i) disgorgement of the benefit received as a result of the contravention; and (ii) a financial penalty reflecting the seriousness of the contravention. These elements are incorporated in a five-step framework, which can be summarised as follows:

      Derived from Notice of Updates (Made 20th December 2012). December 2012 Edition
      Amended (Made 21st August 2014). August 2014 Edition

    • RPP 6-4-3

      The DFSA recognises that a penalty must be proportionate to the contravention. These steps will apply in all cases, although the details of Steps 1 to 4 will differ for cases against firms (section 6-5), and cases against individuals (section 6-6).

      Derived from (Made 21st August 2014). August 2014 Edition

    • RPP 6-4-4

      The lists of factors and circumstances in sections 6-5 and 6-6 are not exhaustive. Not all of the factors or circumstances listed will necessarily be relevant in a particular case and there may be other factors or circumstances not listed which are relevant.

      Derived from Notice of Updates (Made 20th December 2012). December 2012 Edition
      Amended (Made 21st August 2014). August 2014 Edition
      Amended by Notice of Updates (Made 28th January 2016). February 2016 Edition

    • RPP 6-4-5

      The DFSA will not, in determining its policy with respect to the amount of penalties, take account of expenses which it incurs, or expects to incur, in discharging its functions.

      Derived from (Made 21st August 2014). August 2014 Edition
      Amended by Notice of Updates (Made 28th January 2016). February 2016 Edition

    • [Deleted]

      • RPP 6-4-3 [Deleted]

        Deleted (Made 21st August 2014). August 2014 Edition

    • [Deleted]

      • RPP 6-4-4 [Deleted]

        Deleted (Made 21st August 2014). August 2014 Edition

      • RPP 6-4-4

        The lists of factors and circumstances in sections 6-5 and 6-6 are not exhaustive. Not all of the factors or circumstances listed will necessarily be relevant in a particular case and there may be other factors or circumstances not listed which are relevant.

        Derived from Notice of Updates (Made 20th December 2012). December 2012 Edition
        Amended (Made 21st August 2014). August 2014 Edition
        Amended by Notice of Updates (Made 28th January 2016). February 2016 Edition

    • [Deleted]

      • RPP 6-4-6 [Deleted]

        Deleted (Made 21st August 2014). August 2014 Edition

      • RPP 6-4-7 [Deleted]

        Deleted (Made 21st August 2014). August 2014 Edition

    • [Deleted]

      • RPP 6-4-8 [Deleted]

        Deleted (Made 21st August 2014). August 2014 Edition

    • [Deleted]

      • RPP 6-4-9 [Deleted]

        Deleted (Made 21st August 2014). August 2014 Edition