FIT The Fit and Proper test for Approved Persons

You are viewing the Handbook in the past on 02/04/2013

Related links to this Part

Export part as

FIT 1

General

FIT 1.1

Application and purpose

  • 01/12/2004

FIT 1.1.1

handbook-guidance
FIT applies to:
(1) a firm;
(2) an applicant for Part 4A permission;
(3) and EEA firm, a Treaty firm or a UCITS qualifier that wishes to establish a branch into the United Kingdom using EEA rights, Treaty rights or UCITS directive rights (see SUP 10A.1.10 G and SUP 10B.1.10 G and SUP 10A.1.11 R and SUP 10B.1.11 R) , or apply for a top-up permission (see SUP 10A.1.13 R SUP 10B.1.12 R );
(4) an approved person; and
(5) a candidate.

FIT 1.1.2

handbook-guidance
The purpose of FIT is to set out and describe the criteria that the appropriate regulator will consider when assessing the fitness and propriety of a candidate for a controlled function (see generally SUP 10A and SUP 10B on approved persons). The criteria are also relevant in assessing the continuing fitness and propriety of approved persons.

FIT 1.2

Introduction

  • 01/12/2004

FIT 1.2.1

handbook-guidance
Under section 61(1) of the Act (Determination of applications), the appropriate regulator may grant an application for approval made under section 60 (Applications for approval) only if it is satisfied that the candidate is fit and proper to perform the controlled function to which the application relates.

FIT 1.2.3B

handbook-guidance
Under section 63(1A) of the Act (Withdrawal of approval), the PRA may withdraw an approval under section 59 in relation to the performance by a person ("A") of a function if: (a) the PRA gave the approval, or the FCA gave the approval and the function is a significant influence function performed in relation to the carrying on by a PRA-authorised person of a regulated activity; and (b) the PRA considers that A is not a fit and proper person to perform the function.
  • 01/04/2013

FIT 1.2.4

handbook-guidance
The Act does not prescribe the matters which the appropriate regulator should take into account when determining fitness and propriety. However, section 61(2) states that the appropriate regulator may have regard (among other things) to whether the candidate or approved person is competent to carry out a controlled function.

FIT 1.3

Assessing fitness and propriety

  • 01/12/2004

FIT 1.3.1

handbook-guidance
The appropriate regulator will have regard to a number of factors when assessing the fitness and propriety of a person to perform a particular controlled function. The most important considerations will be the person's:
(1) honesty, integrity and reputation;
(2) competence and capability; and
(3) financial soundness.

FIT 1.3.2

handbook-guidance
In assessing fitness and propriety, the appropriate regulator will also take account of the activities of the firm for which the controlled function is or is to be performed, the permission held by that firm and the markets within which it operates.

FIT 1.3.3

handbook-guidance
The criteria listed in FIT 2.1 to FIT 2.3 are guidance and will be applied in general terms when the appropriate regulator is determining a person's fitness and propriety. It would be impossible to produce a definitive list of all the matters which would be relevant to a particular determination.

FIT 1.3.4

handbook-guidance
If a matter comes to the appropriate regulator's attention which suggests that the person might not be fit and proper, the appropriate regulator will take into account how relevant and how important it is.

FIT 1.3.5

handbook-guidance
During the application process, the appropriate regulator may discuss the assessment of the candidate's fitness and propriety informally with the firm making the application and may retain any notes of those discussions.

Export chapter as

FIT 2

Main assessment criteria

FIT 2.1

Honesty, integrity and reputation

  • 01/12/2004

FIT 2.1.1

handbook-guidance
In determining a person's honesty, integrity and reputation, the appropriate regulator will have regard to all relevant matters including, but not limited to, those set out in FIT 2.1.3 G which may have arisen either in the United Kingdom or elsewhere. The appropriate regulator should be informed of these matters (see SUP 10A.14.17 R and SUP 10B.12.18), but will consider the circumstances only where relevant to the requirements and standards of the regulatory system. For example, under FIT 2.1.3 G(1), conviction for a criminal offence will not automatically mean an application will be rejected. The appropriate regulator treats each candidate's application on a case-by-case basis, taking into account the seriousness of, and circumstances surrounding, the offence, the explanation offered by the convicted person, the relevance of the offence to the proposed role, the passage of time since the offence was committed and evidence of the individual's rehabilitation.

FIT 2.1.2

handbook-guidance
In considering the matters in FIT 2.1.1 G, the appropriate regulator will look at whether the person's reputation might have an adverse impact upon the firm for which the controlled function is or is to be performed and at the person's responsibilities.

FIT 2.1.3

handbook-guidance
The matters referred to in FIT 2.1.1 G to which the appropriate regulator will have regard include, but are not limited to:
(1) whether the person has been convicted of any criminal offence; this must include, where provided for by the Rehabilitation Exceptions Orders tothe Rehabilitation of Offenders Act 1974 or the Rehabilitation of Offenders (Northern Ireland) Order 1978 (as applicable), any spent convictions; particular consideration will be given to offences of dishonesty, fraud, financial crime or an offence under legislation relating to companies, building societies, industrial and provident societies, credit unions, friendly societies, banking, other financial services, insolvency, consumer credit companies, insurance, consumer protection, money laundering, market manipulation and insider dealing , whether or not in the United Kingdom;
(2) whether the person has been the subject of any adverse finding or any settlement in civil proceedings, particularly in connection with investment or other financial business, misconduct, fraud or the formation or management of a body corporate;
(3) whether the person has been the subject of, or interviewed in the course of, any existing or previous investigation or disciplinary proceedings, by the appropriate regulator , by other regulatory authorities (including a previous regulator), clearing houses and exchanges, professional bodies, or government bodies or agencies;
(4) whether the person is or has been the subject of any proceedings of a disciplinary or criminal nature, or has been notified of any potential proceedings or of any investigation which might lead to those proceedings;
(5) whether the person has contravened any of the requirements and standards of the regulatory system or the equivalent standards or requirements of other regulatory authorities (including a previous regulator), clearing houses and exchanges, professional bodies, or government bodies or agencies;
(6) whether the person has been the subject of any justified complaint relating to regulated activities;
(7) whether the person has been involved with a company, partnership or other organisation that has been refused registration, authorisation, membership or a licence to carry out a trade, business or profession, or has had that registration, authorisation, membership or licence revoked, withdrawn or terminated, or has been expelled by a regulatory or government body;
(8) whether, as a result of the removal of the relevant licence, registration or other authority, the person has been refused the right to carry on a trade, business or profession requiring a licence, registration or other authority;
(9) whether the person has been a director, partner, or concerned in the management, of a business that has gone into insolvency, liquidation or administration while the person has been connected with that organisation or within one year of that connection;
(10) whether the person, or any business with which the person has been involved, has been investigated, disciplined, censured or suspended or criticised by a regulatory or professional body, a court or Tribunal, whether publicly or privately;
(11) whether the person has been dismissed, or asked to resign and resigned, from employment or from a position of trust, fiduciary appointment or similar;
(12) whether the person has ever been disqualified from acting as a director or disqualified from acting in any managerial capacity;
(13) whether, in the past, the person has been candid and truthful in all his dealings with any regulatory body and whether the person demonstrates a readiness and willingness to comply with the requirements and standards of the regulatory system and with other legal, regulatory and professional requirements and standards.

FIT 2.2

Competence and capability

  • 01/12/2004

FIT 2.2.1A

handbook-guidance
In determining a person's competence and capability, the PRA will have regard to all relevant matters including but not limited to:
(1) whether the person has demonstrated by experience and training that the person is suitable , or will be suitable if approved, to perform the controlled function;
(2) whether the person has adequate time to perform the controlled function and meet the responsibilities associated with that function.
  • 01/04/2013

FIT 2.2.2

handbook-guidance
A person may have been convicted of, or dismissed or suspended from employment for, drug or alcohol abuses or other abusive acts. This will be considered only in relation to a person's continuing ability to perform the particular controlled function for which the person is or is to be employed.

FIT 2.3

Financial soundness

  • 01/12/2004

FIT 2.3.1

handbook-guidance
In determining a person's financial soundness, the appropriate regulator will have regard to any factors including, but not limited to:
(1) whether the person has been the subject of any judgment debt or award, in the United Kingdom or elsewhere, that remains outstanding or was not satisfied within a reasonable period;
(2) whether, in the United Kingdom or elsewhere, the person has made any arrangements with his creditors, filed for bankruptcy, had a bankruptcy petition served on him, been adjudged bankrupt, been the subject of a bankruptcy restrictions order (including an interim bankruptcy restrictions order), offered a bankruptcy restrictions undertaking, had assets sequestrated, or been involved in proceedings relating to any of these.

FIT 2.3.2

handbook-guidance
The appropriate regulator will not normally require the candidate to supply a statement of assets or liabilities. The fact that a person may be of limited financial means will not, in itself, affect his suitability to perform a controlled function.

Export chapter as

Transitional Provisions and Schedules

FIT Sch 1

Record keeping requirements

  • 01/12/2004

FIT Sch 1.1

handbook-guidance

FIT Sch 2

Notification requirements

  • 01/12/2004

FIT Sch 2.1

handbook-guidance

FIT Sch 3

Fees and other required payments

  • 01/12/2004

FIT Sch 3.1

handbook-guidance

FIT Sch 6

Rules that can be waived

  • 01/12/2004

FIT Sch 6.1

handbook-guidance

Export chapter as

Back to top