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EN-2.1.4

When considering whether to issue a Formal Warning, the criteria taken into consideration by the Agency 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 the licensee's 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 Agency's supervisory objectives would be better served by issuance of a Formal Notice as opposed to another type of regulatory action.