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CORPORATIONS ACT 2001 - SECT 921U

Fit and proper person test for relevant providers

    The following matters are specified in relation to a relevant provider and a Financial Services and Credit Panel:

  (a)   whether any of the following of the relevant provider has ever been suspended or cancelled:

  (i)   an Australian financial services licence;

  (ii)   an Australian credit licence, or a registration under the Transitional Act, within the meaning of the National Consumer Credit Protection Act 2009 ;

  (b)   whether any of the following has ever been made against the relevant provider:

  (i)   a banning order, or a disqualification order under Subdivision B of Division   8 of this Part;

  (ii)   a banning order, or a disqualification order, under Part   2 - 4 of the National Consumer Credit Protection Act 2009 ;

  (c)   whether the relevant provider has ever been disqualified under this Act, or any other law of the Commonwealth or of a State or Territory, from managing corporations;

  (d)   whether the relevant provider has ever been banned from engaging in a credit activity (within the meaning of the National Consumer Credit Protection Act 2009 ) under a law of a State or Territory;

  (e)   whether the relevant provider has ever been linked to a refusal or failure to give effect to a determination made by AFCA;

  (f)   whether the relevant provider has ever been an insolvent under administration;

  (g)   whether, in the last 10 years, the relevant provider has been convicted of an offence;

  (h)   any relevant information given to ASIC, or an authority of a State or Territory, in relation to the relevant provider;

  (i)   whether, in the last 10 years, a Financial Services and Credit Panel has made an instrument under subsection   921K(1) in relation to the relevant provider;

  (j)   whether, in the last 10 years, a Financial Services and Credit Panel has given the relevant provider an infringement notice (unless the infringement notice was withdrawn);

  (k)   any other matter prescribed by the regulations;

  (l)   any other matter the panel considers relevant.


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