Explain the factors to be considered by SEBI to arrive at the settlement terms.
CS Executive · Capital Markets & Securities Laws · PYQS · December 2018
Explain the factors to be considered by SEBI to arrive at the settlement terms.
Answer & Explanation:
Regulation 9 of SEBI (Settlement of Administrative & Civil Proceedings) Regulations, 2014, deals with the factors to be considered by SEBI while arriving at the settlement terms, including but not limited to the following: Conduct of the applicant in the investigation; The role played by the applicant in case the alleged default is committed by a group of persons; Nature, gravity, and impact of alleged defaults; Whether any other proceeding against the applicant for non-compliance of securities laws is pending or concluded; Whether the alleged default is minor or major in nature; The extent of amount of harm and/or loss to investors and/or gain by the applicant; Processes which have been introduced since the alleged default to minimize future default or lapses; Compliance schedule proposed by the applicant; Economic benefits accruing to any person from the non-compliance or delayed compliance; Conditions which are necessary to deter future non-compliance by the same or another person; Satisfaction of claim of investors regarding payment of money due to them or delivery of securities to them; Whether the applicant has undergone any other enforcement action for the same violation; Any other factors necessary in the facts and circumstances of the case.
Topics: SEBI Enforcement