(a)Where a person has breached a provision of the provisions under this Law as detailed below, the Supervisor may impose on that person a financial penalty pursuant to the provisions of this Chapter, in the amount of NIS 116,060 for an individual, and if the person is a corporation – NIS 290,140:
(1)a person who engaged in the provision of a service in a financial asset or in the provision of credit without a licence for the provision of a service in a financial asset or a licence for the provision of credit, as the case may be, contrary to the provisions of section 12(a);
(1a)an association that is not a banking corporation that engaged in the provision of deposit and credit services, at a scope of activity below that of a banking scope of activity, without a licence for the provision of deposit and credit services, contrary to the provisions of section 25b(a);
(1b)(Repealed)
(1c)a person who engaged in the operation of a credit brokerage system without a licence to operate a credit brokerage system, contrary to the provisions of section 25r;
(2)a person who controlled a financial service provider that is a corporation or held an interest in such a financial service provider without a permit from the Supervisor, contrary to the provisions of section 26.
(b)Where a person has breached a provision of the provisions under this Law, as detailed below, the Supervisor may impose on that person a financial penalty pursuant to the provisions of this Chapter, in the base amount:
(1)a person who breached a provision of the Supervisor's directives issued under section 4;
(2)a financial service provider that breached a condition of its licence, contrary to the provisions of sections 12(a), 25b(a), 25k or 25r, as the case may be;
(3)a financial service provider that did not display a copy of the licence or did not indicate the licence number, contrary to the provisions of section 21(b) or contrary to the provisions of section 25h, 25o or 25x, which apply section 21(b) as aforesaid, as the case may be;
(4)a financial service provider that did not notify the Supervisor of a change that occurred in a particular item of information that it had provided to the Supervisor or of the fact that an indictment had been filed against it, contrary to the provisions of section 22 or contrary to the provisions of section 25h, 25o or 25x, which apply section 22 as aforesaid, as the case may be;
(5)a person who acted contrary to the conditions prescribed in a permit received, pursuant to the provisions of section 26;
(6)a holder of means of control in a financial service provider by virtue of a transfer by operation of law who did not comply with a directive of the Supervisor issued pursuant to section 29(b) or (c);
(7)a holder of means of control in a financial service provider that is a corporation who did not provide a report in accordance with the provisions under section 30;
(8)a financial service provider that appointed an office holder or did not terminate the office holder's tenure, contrary to the provisions of section 31;
(9)an office holder in a financial service provider who served contrary to the provisions of section 31;
(10)a financial service provider whose board of directors has fewer than three members serving on it, contrary to the provisions of section 33(a);
(11)a financial service provider or a director who breached a provision of the directives issued by the Supervisor pursuant to section 33(b);
(11a)a financial service provider that did not appoint a general manager, contrary to the provisions of section 33a;
(12)a financial service provider that did not appoint an auditor, contrary to the provisions of section 34(a), or that did not give the Supervisor notice of the intention to appoint an auditor in accordance with the provisions of section 34(a1), or that appointed an auditor or did not terminate the auditor's tenure, contrary to the Supervisor's directives issued pursuant to section 32(b) or (c) as applied by section 34(a1);
(13)an auditor who did not give notice of a breach to the general manager or to the Supervisor, contrary to the provisions of section 34(b);
(14)a financial service provider that appointed an office holder or another position holder or did not terminate the office holder's or position holder's tenure, contrary to the provisions of section 35(a), as well as an office holder in a financial service provider who served contrary to the provisions of that section;
(15)a financial service provider, an office holder in a financial service provider or another position holder who breached a provision of the provisions prescribed by the Minister pursuant to section 35(b);
(16)a general manager of a financial service provider that is a corporation, or a partner in a corporation that is a partnership, who did not establish rules and procedures or did not appoint a person responsible for their implementation and supervision of their observance, contrary to the provisions of section 36(a);
(17)a financial service provider that breached a provision of the Supervisor's directives issued pursuant to section 38;
(17a)a holder of a licence for the provision of deposit and credit services who engaged in an occupation other than as referred to in section 38a;
(17b)a holder of a licence for the provision of deposit and credit services who controlled a corporation, or held an interest in it, without approval from the Supervisor, contrary to the provisions of section 38b;
(17c)(Repealed)
(17d)a holder of a licence to operate a credit brokerage system who did not manage funds in a trust account, contrary to the provisions of section 38e(a);
(17e)a holder of a licence to operate a credit brokerage system who acted contrary to the Supervisor's directives concerning the management of a trust account, issued in accordance with the provisions of section 38e(c);
(17f)a holder of a licence to operate a credit brokerage system who acted in a conflict of interests contrary to the conditions prescribed by the Supervisor or to the directives issued by the Supervisor pursuant to section 38f(b) or (c);
(17g)a holder of a licence to operate a credit brokerage system who disclosed the identifying particulars of a customer to another customer, contrary to the provisions under section 38g;
(18)a financial service provider that did not submit a report or notice in accordance with the provisions under section 39;
(19)a financial service provider that is a corporation holding an extended licence, that did not include in the minutes of the general meeting the required particulars, contrary to the provisions of section 40(a);
(20)a person who was present at or voted in a general meeting of a financial service provider that is a corporation and did not furnish particulars to the Supervisor upon the Supervisor's request, contrary to the provisions of section 40(b);
(21)a financial service provider that did anything liable to mislead a customer in a material matter in a transaction, contrary to the provisions of section 41;
(22)a person who published a misleading advertisement contrary to the provisions of section 42(c);
(23)a financial service provider that exercised undue influence contrary to the provisions of section 43(b), except for paragraph (6) thereof;
(24)a financial service provider that made the provision of a financial service conditional on the purchase of another asset or service, from itself or from another person, contrary to the provisions of section 44;
(24a)(Repealed)
(24b)(Repealed)
(24c)a holder of a licence for the provision of credit or a holder of a licence for the provision of deposit and credit services who charged a fee for processing a housing loan application, contrary to the provisions of section 44e;
(25)a financial service provider that engaged in the provision of financial services by way of peddling contrary to the provisions of section 45;
(26)a holder of a licence for the provision of credit or a holder of a licence to operate a credit brokerage system who entered into a transaction with a minor or with a person who has reached 18 years of age but has not yet reached 21 years of age, contrary to the provisions of section 46(a), or a holder of a licence for the provision of deposit and credit services who entered into a transaction with a minor, contrary to the provisions of section 46(a1);
(26a)a financial service provider that published an advertisement directed at minors contrary to the provisions of section 46(b);
(27)a financial service provider that did not disclose a material particular to a customer pursuant to the provisions of section 47(a), that published an advertisement or adopted another marketing method that did not include the name of the lender or credit provider, or that was not accompanied by a warning, contrary to the provisions of section 47(a1), or that breached a duty concerning proper disclosure prescribed pursuant to the provisions of section 47(b);
(28)a financial service provider that did not draw up a contract in writing, or that did not include in it the required particulars, contrary to the provisions prescribed pursuant to section 48(a), or that did not give the customer a reasonable opportunity to review the contract, or did not provide the customer with a copy as referred to in section 48(b);
(29)a financial service provider that did not comply with a provision of the Supervisor's directives concerning a contract for the provision of financial services or concerning other information intended for a customer, contrary to the provisions of section 49;
(30)a holder of a licence for the provision of credit, a holder of a licence for the provision of deposit and credit services or a holder of a licence to operate a credit brokerage system who did not enable a person who received a loan from that holder or through that holder to repay the outstanding balance of the loan before the date set for its repayment, contrary to the provisions of section 50;
(30a)a holder of a licence to operate a credit brokerage system who did not provide the lender with information in accordance with the provisions of section 50b(c);
(30b)a holder of a licence to operate a credit brokerage system who did not return to the lender the funds demanded pursuant to section 50b(e);
(30c)a holder of a licence to operate a credit brokerage system who did not report to the lender the failure to allocate all the funds transferred to the holder by the lender to borrowers, contrary to the provisions under section 50b(f);
(30d)a holder of a licence to operate a credit brokerage system who did not act to collect the credit repayment from the borrower by the date set for its repayment, contrary to the provisions of section 50b(g), or who did not take reasonable collection and demand measures for the purpose of collecting the debt from the borrower, contrary to the provisions under that section;
(30e)a holder of a licence to operate a credit brokerage system who breached a provision of the directives issued by the Supervisor pursuant to section 50b(h);
(30f)a holder of a licence to operate a credit brokerage system who did not provide the borrower with information in accordance with the provisions of section 50c(a);
(30g)a holder of a licence to operate a credit brokerage system who breached a provision of the directives issued by the Supervisor pursuant to section 50c(b);
(30h)a holder of a licence to operate a credit brokerage system who did not publish on its website the particulars enumerated in section 50d;
(31)a financial service provider that did not remedy a deficiency in accordance with a directive of the Supervisor, contrary to the provisions of section 53(a);
(32)a financial service provider that did not remedy defects or prevent their harmful effect, in accordance with a directive of the Supervisor issued pursuant to section 54;
(33)a financial service provider that did not give notice of the winding up of its business as referred to in section 61;
(34)a person who did not furnish information or a document to the Supervisor or to a person authorised by the Supervisor, upon the Supervisor's request, contrary to the provisions of section 65;
(35)a person who did not furnish to the Supervisor or to a supervisory authorised person information or a document upon a request issued pursuant to section 67(a)(2).
(35a)(Repealed)
(35b)(Repealed)
(35c)(Repealed)
(35d)(Repealed)
(35e)(Repealed)
(35f)(Repealed)
(36)a financial service provider that did not retain documents in accordance with the Supervisor's directives issued pursuant to section 96a.
(c)Where a person has breached a provision of the provisions under this Law, as detailed below, the Supervisor may impose on that person a financial penalty pursuant to the provisions of this Chapter, at a rate of double the base amount:
(1)a financial service provider that engaged in the provision of a financial service at an extensive scope of activity without an extended licence, contrary to the provisions of section 12(b) or (c), 25b(b) or (c) or 25r(b) or (c), as the case may be;
(2)a person whose licence has been revoked who breached a provision of the Supervisor's directives issued pursuant to section 24 or pursuant to sections 25h, 25o or 25x, which apply section 24 as aforesaid, as the case may be;
(3)a financial service provider whose equity capital is lower than the minimum equity capital or is not free of a charge (security interest) or attachment, contrary to the provisions of section 37;
(3a)a holder of a licence to operate a credit brokerage system who engaged in the provision of credit without approval from the Supervisor, contrary to the provisions of section 38f(a), or who acted contrary to the conditions of such approval;
(4)a financial service provider or an office holder in a financial service provider that is a corporation, who did not act in accordance with the Supervisor's directives issued pursuant to sections 55 or 56;
(5)a financial service provider or an office holder in a financial service provider who did not furnish to the special supervisor or to the authorised administrator information or a document required to be furnished, contrary to the provisions of section 59;
(6)a person who breached a provision of the Supervisor's directives issued pursuant to sections 62 or 63(b).
(7)a holder of a licence for the provision of deposit and credit services who did not act in accordance with the restrictions prescribed by the Supervisor concerning the number of members in the association pursuant to section 99a(a)(6).
(d)Notwithstanding the provisions of subsections (b) and (c) –
(1)a financial penalty shall not be imposed on a junior employee; in this subsection, "junior employee" – a salaried employee of a financial service provider who is not an office holder in the financial service provider and who has no employees subordinate to the junior employee, except for an individual holding a licence under this Law;
(2)a financial penalty shall not be imposed on a salaried employee of a financial service provider who is not an office holder in the financial service provider and is not a junior employee therein, if in the act constituting the breach the employee did not deviate from the practices of the financial service provider or from a directive of the employee's superior.