Entire Section

  • Introduction

    • RPP 5-4-1

      Upon receipt of an internal or external referral, the allegation will be assessed to determine if there is a suspicion of a contravention of the Law. If a suspicion arises and it is appropriate and expedient, then the DFSA may commence an investigation.

      Added by Notice of Updates (Made 23rd November 2014). November 2014 Edition

    • RPP 5-4-2

      In determining whether to commence an investigation, the DFSA will consider a number of factors including, but not limited to:

      (a) the nature, seriousness and impact of the suspected contravention and whether the suspected contravention is on-going;
      (b) whether the suspected contravention affects, or has the potential to affect, the DFSA objectives;
      (c) whether those involved in the suspected contravention are likely to co-operate;
      (d) whether it is likely that the suspected contravention may be proven;
      (e) the disciplinary record and compliance history of the Person or Persons involved in the suspected contravention;
      (f) whether, if proven, a suitable remedy is available;
      (g) the extent to which another law enforcement agency or Financial Services Regulator can adequately address the matter and, if so, that body's attitude toward the matter;
      (h) the nature of any request for assistance made by another regulator or body under Article 39; and
      (i) whether any party who may have suffered some detriment as a result of the suspected contravention is able to take his own remedial action.
      Added by Notice of Updates (Made 23rd November 2014). November 2014 Edition