5.12.2

In deciding whether an application for an injunction is appropriate, we will consider all relevant circumstances including:

(a) the nature and seriousness of the contravention;
(b) whether the contravention is on-going;
(c) whether the contravention affects, or has the potential to affect, our objectives;
(d) where we consider it necessary to protect regulated entities and clients in the ADGM;
(e) whether there is a danger of assets being dissipated or removed from the jurisdiction of the Court;
(f) whether there is a danger that a person or persons may leave the jurisdiction and, if so, the effect that his or their absence may have on the effectiveness of the court's orders;
(g) costs we would incur in applying for and enforcing an injunction and the likely effectiveness of such an injunction or other order;
(h) the disciplinary record and compliance history of the person;
(i) whether the losses suffered are substantial;
(j) whether the assets at risk are substantial;
(k) whether the number of clients at risk is significant;
(l) whether the conduct in question can be adequately addressed by other disciplinary measures;
(m) the extent to which another law enforcement agency or Non-ADGM Financial Services Regulator can adequately address the matter in question; and
(n) whether there is a reason to believe that the person who is the subject of the possible application is or has been involved in money laundering, terrorist financing or other form of financial crime or criminal conduct.