EN-5.2 EN-5.2 BMA policy
EN-5.2.1
The Agency is conscious of the impact that assessing someone as not "fit and proper" may have on an individual. Such assessments are carefully reviewed in the light of all relevant facts. The criteria used in reaching a decision include the following:
(a) the extent to which the factors set out in the BMA Law and chapter HC-2 have not been met;(b) the extent to which the person has deliberately or recklessly breached requirements of the BMA Law or BMA regulations;(c) the person's past compliance record and conduct following any such contravention;(d) the length of time since factors indicating a lack of fitness or propriety occurred; and(e) the risk the person poses to licensees and their customers.EN-5.2.2
In assessing evidence, the Agency applies a lower threshold than is applied in a criminal court of law, reflecting the administrative nature of the sanction. The Agency may also take into account the cumulative effect of factors which, when considered individually, may not in themselves be sufficient to justify an adverse "fit and proper" finding.
EN-5.2.3
The Agency may also take into account the particular function being undertaken in the licensee by the individual concerned, and the size and nature of the licensee itself, particularly when assessing the suitability of a person's experience or qualifications. Thus, the fact that a person was deemed "fit and proper" for a particular position in a particular firm does not necessarily mean he would be suitable in a different position or in a different firm.
