6.5.8

The following list of factors may have the effect of aggravating or mitigating the contravention:

(a) the conduct of the firm in bringing (or failing to bring) quickly, effectively and completely the contravention to our attention (or the attention of other regulatory authorities, where relevant);
(b) the degree of cooperation the firm showed during the investigation of the contravention to us, or any other regulatory authority allowed to share information with us;
(c) where the firm's senior management were aware of the contravention or of the potential for a contravention, whether they took any steps to stop the contravention, and when these steps were taken;
(d) the nature, timeliness and adequacy of the firm's responses to any supervisory interventions by us and any remedial actions proposed or required by us;
(e) whether the firm has arranged its resources in such a way as to allow or avoid disgorgement and/or payment of a financial penalty;
(f) whether the firm had previously been told about our concerns in relation to the issue, either by means of a private warning or in supervisory correspondence;
(g) whether the firm had previously undertaken not to perform a particular act or engage in particular behaviour;
(h) whether the firm concerned has complied with any requirements or rulings of another regulatory authority relating to the contravention;
(i) the previous disciplinary record and general compliance history of the firm;
(j) action taken against the firm by other domestic or international regulatory authorities that is relevant to the contravention in question;
(k) whether our guidance or other published materials had already raised relevant concerns, and the nature and accessibility of such materials; and
(l) whether we publicly called for an improvement in standards in relation to the behaviour constituting the contravention or similar behaviour before or during the occurrence of the contravention.