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Securities Industry Act - The Bahamas Laws On-Line - The ...

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SECURITIES INDUSTRY [CH.363 – 25<br />

(iii) disgorgement of profits or other unjust<br />

enrichment plus a penalty not to exceed<br />

twice the amount of such profits or unjust<br />

enrichment;<br />

(iv) restitution;<br />

(v) suspension of licence, registration or approval;<br />

(vi) revocation of licence, registration or approval;<br />

or<br />

(vii) any other sanctions or remedies as the<br />

justice of the case may require;<br />

(c) to establish and promulgate procedures to be<br />

used in carrying out any of the functions<br />

conferred by this section upon the Commission.<br />

34. (1) In carrying out an investigation under this<br />

Part, the Executive Director is empowered to require the<br />

production of any document or other information he<br />

deems relevant to the investigation.<br />

(2) In carrying out his functions under this Part, the<br />

Executive Director is empowered to summon witnesses to<br />

give evidence or produce any documents or other materials<br />

to enable him to carry out his investigation subject to the<br />

right of either the Executive Director or the witness to<br />

apply to the Supreme Court for an order compelling the<br />

co-operation of the witness or excusing the witness from<br />

complying with the summons, as the case may be.<br />

(3) To assist the Commission and the Executive<br />

Director in carrying out the functions hereby required, the<br />

Commission shall establish a Disciplinary Committee<br />

comprising five persons including not more than two<br />

persons who are members of the Commission.<br />

(4) Upon completion of his investigation, the Executive<br />

Director shall report his findings to the Disciplinary<br />

Committee for any appropriate action and the Disciplinary<br />

Committee may recommend to the Commission —<br />

(a) dismissal of the matter;<br />

(b) the issue of a letter of caution or some other<br />

informal remedial action;<br />

(c) the filing of a formal complaint and proceeding<br />

with a regulatory hearing before the Commission;<br />

or<br />

Investigation.<br />

LRO 1/2008<br />

STATUTE LAW OF THE BAHAMAS

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