When incorporating an ADGM company, and annually when renewing the commercial licence, the directors, shareholders and Authorised Signatories of an ADGM company must declare that they are fit & proper to hold their position.
The questions to be answered for the fit & proper declaration are:
Have you ever been convicted of a crime involving dishonesty?
Have you ever served or been sentenced to a term of imprisonment?*
Have you ever been convicted of any offence under any provision of the financial markets legislation or any offence under any provision of any foreign act, financial markets or financial services, corporations, financial reporting, or requirements for preventing money laundering?
Have you ever been banned or disqualified from acting as a director of a company or other incorporated body, or from being involved in the management of any class of incorporated or unincorporated entity in any jurisdiction?
Have you ever been subject to disciplinary action by any professional body or disciplinary tribunal, where those actions resulted in penalties being imposed or censured?
Have you ever had a court ruling made against you in respect of a civil case, or reached an out of court settlement, relating to your profession?
Have you ever been dismissed, or asked to resign, from a position of trust, a fiduciary appointment or similar position?
Have you ever been placed into statutory management, or have been a director of a company which has been placed into statutory management?
Have you ever, in the last 10 years, been a director or senior manager of a company, or other incorporated or unincorporated entity, which has been placed into liquidation, administration or receivership, entered into any compromise agreement, moratorium or other restructuring to avoid liquidation, administration or receivership?
Are you subject to pending proceedings which, if any adverse finding is reached, will result in one or more of the matters set out in the paragraphs above applying to you?
If the answer to any of these questions is yes, we will need to be provided with detailed information regarding the matter.