Fit: An Architect's Manifesto

Product Information

A person is automatically disqualified from being a charity trustee under certain circumstances including if they have a conviction involving dishonesty or deception or if they are bankrupt. HMRC will also, where appropriate, advise the charity what it must do, and by when, if HMRC is to apply its discretion to treat the charity as having met the management condition throughout the period of the person’s term in office. For instance, the conditions may require the charity to move the manager from a particular role within a specified period or ensure that person has no access to, or control of, charity funds or put in place close supervision of the person’s activities. If following the discussions HMRC continues to consider the person isn’t a fit and proper person, and also considers that it wouldn’t be appropriate to exercise its discretion in relation to the management condition, HMRC will notify the person in writing of their decision. You own a money service business and employ a director to manage it. You also employ a manager responsible for the recruitment in your company. You also have a network of 10 agents.

You should tell us if you find out that any BOOMs, agents, or BOOMs of agents in your business no longer meet the requirements of the fit and proper test and confirm you have removed them from working in a position that requires them to be fit and proper. We will not register your business if any applicants or BOOMs fail to pass the test or, in the case of MSBs, where it cannot be satisfied that the agents or its BOOMs are fit and proper.

Action we may take

HMRC reserves the right to insist on additional individuals being tested where necessary to safeguard a business from money laundering or terrorist financing risks. How to apply

a person who has made a composition or arrangement with, or granted a trust deed for, creditors and not been discharged in respect of it According to Best, it’s about being strict with assigning when you do exercise, aiming for a little and often approach.

Cite this Entry

Charities should ask all newly appointed managers to read the helpsheet and sign a declaration based on the model declaration (the term ‘manager’ in this context means more than the everyday meaning of the word). We will tell you within 45 days of receiving your application if your business and the BOOMs included in the application in it are fit and proper. If we ask you to send extra information to assist in determining your application, the deadline for giving you the decision will be extended. If we do not receive a response within 21 days, your application will be refused. Where a local authority has rejected an application, the local authority must include the following information in the register: