• GEN 8.5 GEN 8.5 Changes to an Approved Person status

    • Guidance

      This Rule addresses applications or requests regarding Approved Persons with respect to Parts 3, 4 and 5 of the FSMR.

    • GEN 8.5.1

      An application to extend the scope of an Approved Person status to other Controlled Functions may be made by the Authorised Person by submitting an application in such form as the Regulator shall prescribe. Applicants for extension of scope of Approved Person status must countersign or otherwise consent to an application.

    • GEN 8.5.2

      An Authorised Person requesting:

      (a) the imposition, variation or withdrawal of a condition or restriction;
      (b) withdrawal of Approved Person status; or
      (c) withdrawal of authorisation in relation to one or more Controlled Functions;

      must, subject to Rule 8.5.3, for (a) submit such request in writing to the Regulator and for (b) and (c) submit a request in such form as the Regulator as applicable, shall prescribe.

    • GEN 8.5.3 GEN 8.5.3

      A request for the variation or withdrawal of a condition or restriction may only be made after the expiry of any period within which a reference to the Court relating to the relevant condition or restriction may commence under Part 19 of the FSMR.

      • Guidance

        In considering the suitability of such an application or request the Regulator or relevant Authorised Person, as applicable, may take into account any matter referred to in GPM with respect to fitness and propriety for Approved Persons.