HC-2.3 HC-2.3 Interpretative Guidance on 'Fit and Proper' Requirement[versions up to October 2010]
HC-2.3.1 [versions up to October 2010]
In assessing a person's fitness and propriety, the CBB will consider previous professional and personal conduct (in Bahrain or elsewhere) including, but not limited to, the following:
(a) the propriety of a person's conduct, whether or not such conduct resulted in a criminal offence being committed, the contravention of a law or regulation, or the institution of legal or disciplinary proceedings;(b) a conviction or finding of guilt in respect of any offence, other than a minor traffic offence, by any court or competent jurisdiction;(c) any adverse finding in a civil action by any court or competent jurisdiction, relating to fraud, misfeasance or other misconduct in connection with the formation or management of a corporation or partnership;(d) whether the person has been the subject of any disciplinary proceeding by any government authority, regulatory agency or professional body or association;(e) the contravention of any financial services legislation or regulation;(f) whether the person has ever been refused a license, authorisation, registration or other authority;(g) dismissal or a request to resign from any office or employment;(h) disqualification by a court, regulator or other competent body, as a Director or as a manager of a corporation;(i) whether the person has been a Director, partner or manager of a corporation or partnership which has gone into liquidation or administration or where one or more partners have been declared bankrupt whilst the person was connected with that partnership;(j) the extent to which the person has been truthful and open with supervisors;(k) the extent to which the person has appropriate professional and other qualifications for the controlled function in question;(l) the extent to which the person has sufficient experience, or is otherwise able to perform the functions of the controlled function in question;(m) whether the person has ever been adjudged bankrupt, entered into any arrangement with creditors in relation to the inability to pay due debts, or failed to satisfy a judgement debt under a court order.October 07HC-2.3.2 [versions up to October 2010]
With respect to HC-2.3.1.(b), (c), (d) and (e), the CBB will take into account the length of time since any such event occurred, as well as the seriousness of the matter in question.
October 07HC-2.3.3 [versions up to October 2010]
Further guidance on the process for assessing a person's 'fit and proper' status is given in Module EN (Enforcement): see Chapter EN-8.
October 07