Section 10 in Securities and Exchange Board of India (Settlement Proceedings) Regulations, 2018
10. Factors to be considered to arrive at the settlement terms.
- While arriving at the settlement terms, the factors indicated in Schedule-II may be considered, including but not limited, to the following:(a)conduct of the applicant during the specified proceeding, investigation, inspection or audit;(b)the role played by the applicant in case the alleged default is committed by a group of persons;(c)nature, gravity and impact of alleged defaults;(d)whether any other proceeding against the applicant for non-compliance of securities laws is pending or concluded;(e)the extent of harm and/or loss to the investors' and/or gains made by the applicant;(f)processes that have been introduced since the alleged default to minimize future defaults or lapses;(g)compliance schedule proposed by the applicant;(h)economic benefits accruing to any person from the non-compliance or delayed compliance;(i)conditions which are necessary to deter future non-compliance by the same or another person;(j)satisfaction of claim of investors regarding payment of money due to them or delivery of securities to them;(k)any other enforcement action that has been taken against the applicant for the same violation;(l)any other factors necessary in the facts and circumstances of the case.
