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RPP 5-12-2

In deciding whether such an application is just and equitable and in the interests of the DIFC, the DFSA will consider all relevant circumstances, including but not limited to, the following matters:

(a) the need to protect the company's Clients, particularly in cases where an Authorised Firm holds or controls Client Assets;
(b) whether the company has operated in accordance with the laws of the DIFC;
(c) where the company has contravened the Law, the nature, seriousness and impact of the contravention and whether the contravention is on-going;
(d) where the company has contravened the Law, whether any alleged contravention affects, or has the potential to affect, the DFSA objectives;
(e) where the company has contravened the Law, whether there are any other steps a Person could take or other orders a Court could make to remedy any contravention;
(f) whether the needs of those operating in the DIFC and the interests of the DIFC are best served by the company ceasing to operate;
(g) in the case of an Authorised Firm, where the DFSA considers that its Licence should be withdrawn or where it has been withdrawn, the extent to which there is other business that the firm carries on without authorisation;
(h) whether there is information to suggest that the company is or has been involved in money laundering, terrorist financing or other form of financial crime or other criminal conduct;
(i) where there is a significant cross-border or international element to the business being carried on by the company, the impact on the business in other jurisdictions and whether another law enforcement agency or Financial Services Regulator can adequately address the matter and, if so, that body's attitude to the matter;
(j) the extent to which the company has cooperated, and is likely to continue to cooperate, with the DFSA; and
(k) the nature of the involvement of the officers of a company in the foregoing and whether this suggests a systemic failure within the company.
Added by Notice of Updates (Made 23rd November 2014). November 2014 Edition