Aggravating Factors (A)
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....ctors, shall be applied while calculating the settlement amount: (i) Efforts to frustrate or prolong an examination, investigation, inspection, audit or a civil and administrative proceeding, including settlement proceeding; (ii) Providing inaccurate or misleading testimony or information or failing to provide information that applicant was bound to provide; (iii) Miscon....
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.... to have been substantially jeopardized if as a result of the alleged default: a. it has become insolvent or an application under the Insolvency and Bankruptcy Code, 2016 was admitted; b. it was unable on demand to refund fully any public deposit, payment or investment; or c. it is so depleted of assets that it is forced to merge with another institution in order to cont....
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....anner that significantly facilitated the commission or concealment of the alleged default. Explanation 1. - This factor applies if the applicant occupied and abused a position of trust. Explanation 2. - This factor applies if the applicant's position involved regular participation or professional assistance in creating, issuing, buying, selling, or trading securities or produ....
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....gal activity or the main beneficiary of the default. Explanation 2. - If a person is merely a manager or supervisor (but not an organizer or leader or the main beneficiary) then that person is not a key- operator. Explanation 3. - The Panel of Whole Time Member may take into account factors such as share of profits, the recruitment of accomplices, the degree of control and author....
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