EN-3.1.5

Past version: Effective from 18 Jul 2025 to 30 Jun 2007
To view other versions open the versions tab on the right

When considering whether to issue a Formal Warning, the criteria taken into consideration by the BMA therefore include the following:

(a) the seriousness of the actual or potential contravention, in relation to the requirement(s) concerned and the risks posed to customers, market participants and other stakeholders;
(b) in the case of an actual contravention, its duration and/or frequency of the contravention; the extent to which it reflects more widespread weaknesses in controls and/or management; and the extent to which it was attributable to deliberate or reckless behaviour; and
(c) the extent to which the BMA's supervisory objectives would be better served by issuance of a Formal Notice as opposed to another type of regulatory action.