Regulation 10 - Factors to be considered to arrive at the settlement terms - Securities and Exchange Board of India (Settlement Proceedings) Regulations, 2018

Factors to be considered to arrive at the settlement terms. 10. 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.