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RPP 5-10-3

In considering whether to commence proceedings before the FMT or Court, the Chief Executive may take into consideration all relevant circumstances, including but not limited to, the following matters:

(a) the nature, seriousness and impact of the suspected contravention and whether the suspected contravention is ongoing;
(b) the remedies available to the FMT, should the contravention be proven;
(c) the conduct of the Person after the contravention, including action taken by the Person to minimise the effect of the contravention and to bring the issue to the attention of the DFSA;
(d) the previous disciplinary record and compliance history of the Person;
(e) action taken by the DFSA in previous similar cases; and
(f) action taken by a Financial Services Regulator in respect of the conduct of the Person giving rise to the breach or any related conduct.
Derived from Notice of Updates (Made 20th December 2012). December 2012 Edition