§ 9 — Criteria for registration or renewal of registration of corporate service providers

9.—(1) The Registrar must refuse to register, or to renew the registration of, a corporate service provider —(a)

unless the applicant is one of the following:(i)

an individual, or a partnership, registered under the Business Names Registration Act 2014;

(ii)

a company;

(iii)

a limited liability partnership;

(iv)

a limited partnership;

(b)

unless the applicant meets at least one of the following criteria:(i)

the applicant (being an individual) is a registered qualified individual;

(ii)

at least one partner of the applicant (being a partnership, limited liability partnership or limited partnership) is a registered qualified individual;

(iii)

the applicant employs, engages or appoints at least one registered qualified individual to provide corporate services for, or supervise the provision of corporate services by, the applicant;

(c)

if the Registrar is satisfied that any key appointment holder of the applicant is not a fit and proper person;

(d)

if the applicant is an individual who has not successfully completed a prescribed course or training;

(e)

if the applicant is not an individual — any key appointment holder of the applicant has not successfully completed a prescribed course or training; or

(f)

if the applicant has had a previous registration as a registered corporate service provider cancelled under section 19(2) or (3) less than 2 years before the date of the applicant’s application for registration as a registered corporate service provider.

(2) In determining for the purposes of subsection (1)(c) whether any key appointment holder of an applicant is a fit and proper person, the Registrar may consider such factors as may be prescribed.

—(1) The Registrar must refuse to register, or to renew the registration of, a corporate service provider —(a)

unless the applicant is one of the following:(i)

an individual, or a partnership, registered under the Business Names Registration Act 2014;

(ii)

a company;

(iii)

a limited liability partnership;

(iv)

a limited partnership;

(b)

unless the applicant meets at least one of the following criteria:(i)

the applicant (being an individual) is a registered qualified individual;

(ii)

at least one partner of the applicant (being a partnership, limited liability partnership or limited partnership) is a registered qualified individual;

(iii)

the applicant employs, engages or appoints at least one registered qualified individual to provide corporate services for, or supervise the provision of corporate services by, the applicant;

(c)

if the Registrar is satisfied that any key appointment holder of the applicant is not a fit and proper person;

(d)

if the applicant is an individual who has not successfully completed a prescribed course or training;

(e)

if the applicant is not an individual — any key appointment holder of the applicant has not successfully completed a prescribed course or training; or

(f)

if the applicant has had a previous registration as a registered corporate service provider cancelled under section 19(2) or (3) less than 2 years before the date of the applicant’s application for registration as a registered corporate service provider.

(2) In determining for the purposes of subsection (1)(c) whether any key appointment holder of an applicant is a fit and proper person, the Registrar may consider such factors as may be prescribed.