CHAPTER 5ADMINISTRATIVE MEASURES AND SANCTIONS

Article 31Exercise of supervisory powers and imposition of sanctions

1

F1... When determining the type and level of administrative sanctions, F2the FCA must take into account all relevant circumstances, including, where appropriate:

a

the gravity and duration of the infringement;

b

the degree of responsibility of the person responsible for the infringement;

c

the financial strength of the person responsible for the infringement, as indicated, for example, by the total turnover of a legal person or the annual income of a natural person;

d

the importance of the profits gained or losses avoided by the person responsible for the infringement, insofar as they can be determined;

e

the level of cooperation of the person responsible for the infringement with the F3FCA, without prejudice to the need to ensure disgorgement of profits gained or losses avoided by that person;

f

previous infringements by the person responsible for the infringement; and

g

measures taken by the person responsible for the infringement to prevent its repetition.

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