“Fit and proper” considerations for registered filing agents
6.—(1) For the purposes of section 28F(4) of the Act, the factors which the Chief Executive may consider in determining whether an applicant for registration as a registered filing agent is a fit and proper person include —
(a)
whether the applicant’s previous conduct and compliance history as a registered filing agent or as a registered qualified individual (if applicable) has been satisfactory;
(b)
whether the applicant has acted in a manner that adversely reflects on the commercial integrity of the applicant, including whether the applicant has committed professional misconduct, breach of fiduciary duty or serious negligence, or caused, contributed to or facilitated the commission of professional misconduct, breach of fiduciary duty or serious negligence by some other person;
(c)
whether the applicant has the capacity and capability to properly fulfil the obligations of a registered filing agent and the terms and conditions of registration; and
(d)
whether it would be contrary to the national or general public interest for the applicant to be registered as a registered filing agent.
(2) For the purposes of section 28F(4) of the Act, the factors which the Chief Executive may consider in determining whether a director or partner of an applicant for registration as a registered filing agent, or any other person taking part in or concerned in the management of the applicant, is a fit and proper person include —
(a)
whether the person’s previous conduct and compliance history as a director, partner or other person taking part in or concerned in the management of a registered filing agent has been satisfactory;
(b)
whether the person has acted in a manner that adversely reflects on the commercial integrity of the person, including whether the person has committed professional misconduct, breach of fiduciary duty or serious negligence, or caused, contributed to or facilitated the commission of professional misconduct, breach of fiduciary duty or serious negligence by some other person; and
(c)
whether it would be contrary to the national or general public interest for the person to be a director, partner, or other person taking part in or concerned in the management of a registered filing agent.