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Section 5 – Fitness and Propriety

Please answer all questions below. Where YES is selected, please provide full details in the Additional Information Section.

5.1.A

Have you ever been convicted of any offence involving fraud, theft, false accounting, offences against the administration of public justice (such as perjury, preventing the course of justice and intimidation of witnesses or jurors) serious tax offences or other dishonesty or an offence (whether or not in the United Kingdom) relating to companies, building societies, industrial and provident societies, credit unions, friendly societies, insurance, banking or other financial services, insolvency, consumer credit or consumer protection, money laundering, market manipulation or insider dealing? (Spent convictions for relevant offences must be disclosed in accordance with the rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (see Articles 3 and 4 of the Order))

5.1.B

Are you the subject of any current criminal proceedings?

5.2

Have you any convictions for any offences, other than for those listed in 7.1 which are spent or not spent, whether or not in the United Kingdom (excluding traffic offences unless these resulted in a ban from driving or involved driving without insurance)

5.3.A

Are you, or have you ever been the subject of any civil proceedings, arbitration or litigation, including proceedings that may lead to a County Court Judgement (CCJ) or other judgement debts in the United Kingdom or elsewhere?

5.3.B

If yes, is or was the total of judgement debts more than £5,000?

5.3.C

Have you ever had more than 2 CCJ's or judgement debts?

5.3.D

Are you aware of any intention to begin such proceedings against you in the future?

5.3.E

If yes, is there more than one proceeding threatening?

5.3.F

Do the amounts claimed total more than £5,000?

5.4

Do you have any judgement debts (including CCJ's) made under a court order still outstanding, whether in full or in part?

5.5

Have you, or any company you have been associated with, failed to satisfy any such judgement debts within one year of the making of the order?

5.6.A

Are you, or have you ever been , the subject of any bankruptcy proceedings, or proceedings for the sequestration of your estate?

5.6.B

Have you ever entered into a deed of arrangement or an individual voluntary arrangement (or in Scotland a trust deed) or other agreement in favour of your creditors, or are you doing so?

5.7

Do you have any outstanding financial obligations arising from regulated activities, which you have conducted in the past, whether in the United Kingdom or overseas? In the case of Advisers, this will include any outstanding liabilities arising from commissions paid for the sale of packaged products that have lapsed.

5.8

Have you ever been found guilty of conducting any unauthorised regulated activities or been investigated for possible conduct of unauthorised regulated activities?

5.9

Have you ever, either in the United Kingdom or elsewhere:

5.9.A

been refused entry, or been dismissed or requested to resign from: any profession, vocation, office or employment, or from any fiduciary office or position of trust, whether or not remunerated?

5.9.B

been refused, restricted in, or had suspended, the right to carry on any trade, business or profession for which a specific licence, authorisation, registration, membership or other permission is required?

5.9.C

been disqualified by a court from acting as a director of a company or from acting in a management capacity or conducting the affairs of any company, partnership or unincorporated association?

5.9.D

been the subject of a disqualification direction under section 59 of the Financial Services Act 1986 or a prohibition order, under section 56 of the Financial Services and Markets Act 2000, or received a warning notice to make such a direction or order?

5.10

In respect of activities regulated by the FCA or any other regulatory body, have you or any company, partnership or incorporated association of which you are or have been a controller, director, senior manager, partner or company secretary, during the candidate's association with that entity and for a period of three years after the candidate ceased to be associated with it, ever:

5.10.A

been refused, had revoked, restricted or terminated, any licence, authorization, registration, notification, membership or other permission granted by any such body?

5.10.B

been criticized, censured, disciplined, suspended, expelled, fined, or been the subject of any other disciplinary or intervention action by any such body?

5.10.C

resigned whilst under investigation, or been required to resign from, any such body?

5.10.D

decided, after making an application for any licence, authorization, registration, notification, membership or other permission granted by any such body, not to proceed with it?

5.10.E

been the subject of any civil action which has resulted in a finding against the candidate, or it, by a court?

5.11

Has any company, partnership or unincorporated association of which you are or have been a controller, director, senior manager, partner or company secretary, in the United Kingdom or elsewhere, at any time during your involvement or within one year of such an involvement:

5.11.A

been put into liquidation, wound up, ceased trading, had a receiver or administrator appointed, or entered into any voluntary arrangement with its creditors?

5.11.B

been adjudged by a court liable for any fraud, misfeasance, wrongful trading or other misconduct?

5.11.C

been investigated or been involved in an investigation by an inspector appointed under companies, or any other, legislation, or been required to produce documents to the Secretary of State, or any other authority, under any such legislation?

5.11.D

been adjudged by a court liable for any fraud, misfeasance, wrongful trading or any other misconduct?

5.12

Are you, or have you ever been, the subject of an investigation into allegations of misconduct or malpractice in connection with any business activity?

5.13

Have you ever been dismissed or asked to leave by any employer? Have you ever received any warnings, written or verbal, from any employer? If yes please explain in Section.