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MIE-1.11.1

Past version: Effective from 11 Nov 2010 to 30 Jun 2021
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If the analysis of the known facts and potential evidence indicates contraventions, the Market Surveillance Department at the CMSD shall consider whether a sufficient, credible source of facts and evidence suggests contravention of the CBB Law, rules and regulations and/or an enforcement action is warranted. Some of the factors that could be considered by the market surveillance include, but are not limited to:

(a) The laws, rules or regulations that could potentially be considered as having been contravened or violated;
(b) The severity and/or seriousness of such contravention or violation;
(c) The potential magnitude of such contravention or violation;
(d) The potential losses involved or harm to an investor or investors;
(e) Whether the affected group is particularly vulnerable or at risk;
(f) Whether the conduct is ongoing;
(g) Whether the conduct can be investigated efficiently;
(h) Whether SROs or other authorities might be better suited to investigate the conduct.