Points of Consideration When Determining Disciplinary Actions
Points of Consideration When Deciding on Sanctions
In order to sustain consistency and uniformity in the application of sanctions, TOCOM has officially announced "Points of Consideration in Deciding on Sanctions".
- Degree of Intent and Negligence of Individuals Involved in the Violation
- Range of Individuals Involved in the Violation
- Background of the Violation
- Whether the Member had Previously been Sanctioned for a Similar Case
- Whether the Member had been Cautioned and Whether Other Members, etc. had been Sanctioned for a Similar Case
- Impact of Violation on the Exchange Market
- Whether the Violation Undermines Confidence in the Exchange or Other Members
- Relationship of Laws and Regulations, etc. with Sanctions
- Treatment of Multiple Violations
- Duration, Frequency, and Scale of the Violation, and its Impact on Customers
- Internal Management System of the Member
- Corrective Response by the Member
- Acknowledgment of Own Responsibility by the Member and Individuals Involved in the Violation
- Economic Benefit Gained from the Violation
- Effectiveness of Recurrence Prevention
- Disciplinary Action by Other Regulatory Bodies
- Cooperation in Investigations, etc. by the Exchange