Procedure: General
MIE-3.5.2
A
person who is or may be subject to enforcement action may wish to discuss the proposed action with theCMSD through settlement discussions. TheCMSD shall refer the matter to theEDRC if the matter is subject to proceedings before theEDRC and decide on its own on other matters.Amended: July 2021MIE-3.5.3
Settlement discussions may take place at any time during the enforcement process if both parties agree. This might be before the giving of a
warning notice , before anenforcement order , or even after referral of the matter to the Court. But theCMSD would not normally agree to detailed settlement discussions until it has a sufficient understanding of the nature and gravity of the suspected misconduct or issue to make a reasonable assessment of the appropriate outcome. Settlement after anenforcement order is not encouraged.MIE-3.5.3A
The CBB reserves the right not to enter into settlement discussions where its examination of the nature of the contravention and/or the contravening party discourages this or where the matter was previously rejected under the settlement proceedings.
Added: July 2021MIE-3.5.3B
Entering into settlement discussions shall not prohibit the initiation of any proceedings, in so far as may be deemed necessary by the CBB for the purpose of issuance of interim measures to protect the interests of investors and to maintain the integrity of the securities markets.
Added: July 2021MIE-3.5.4
The
CBB and theperson concerned may agree that neither theCBB nor theperson concerned would seek to rely against the other on any admissions or statements made in the course of their settlement discussions, if the matter is considered subsequently by the Court.Amended: July 2021