GR-5.3.2

Past version: Effective up to 30 Jun 2007
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In assessing the suitability of controllers who are natural persons, BMA has regard to their professional and personal conduct, including, but not limited to, the following:

(a) the propriety of a person's conduct, whether or not such conduct resulted in conviction for a criminal offence, 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 regulators; and
(k) 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.