Find out who the fit and proper test and approval applies to and how HMRC checks on your business.
When you sign in to the anti-money laundering supervision as an existing customer, you must provide:
- the date of birth for the responsible people within your business
- whether they have passed HMRC’s fit and proper test, or have approval
You will only need to provide this information once.
This follows the 2017 Money Laundering Regulations that introduced new rules on who is allowed to be a responsible person.
If you’re not sure if your organisation’s responsible people have passed the test or have approval, check whether they’ve received a letter from HMRC confirming this.
The fit and proper test
The test is a series of checks that apply to you and relevant responsible people running your business to make sure you meet the requirements of the Money Laundering Regulations.
Who the fit and proper test applies to
When you register your money service business or trust or company service, the responsible persons must be included in your application.
The fit and proper test also applies to agents of money service businesses and their responsible persons:
The test applies to:
- the person applying to register the business
- the person running the business either on their own or in partnership
- officers of the business, including director and company secretary
- senior managers who are engaged directly in the provision of regulated activity
- the nominated officer
- beneficial owners of the business
- a person who is in effect directing the business
- agents of money service businesses and their beneficial owners, officers and senior managers
If you fail the fit and proper test
If you cannot satisfy HMRC that you’re a responsible person regarding the risk of money laundering or terrorist financing you’ll fail the test.
We’ll ask for evidence of your honesty and integrity to prove you can understand and fulfil your obligations under the regulations.
To reach a decision we’ll consider a range of information including whether you have:
- been convicted of or are being investigated for money laundering or other offences involving dishonesty, fraud or financial crime
- been disqualified from acting as a company director
- been subject to a confiscation order under the Proceeds of Crime Act 2002
- a track record of consistent non-compliance with the Money Laundering Regulations, or with the EU Payments Regulation which applies to money transmission service providers
- been disciplined or expelled by another supervisor or professional body for regulatory or professional failings
If the person who fails the test is the nominated officer you can:
- appoint someone else who already has fit and proper status
- choose a new person to apply for the test
Approval is a separate process from the fit and proper test. Before certain individuals can own or hold positions of authority in a business within the accountancy service provider, estate agency business and high value dealer sectors they need approval by HMRC.
Who approval applies to
HMRC carries out approval checks when accountancy service providers, estate agency businesses and high value dealers register for money laundering supervision. Approval is similar to the fit and proper process but different checks are made.
The checks apply to certain individuals who own or hold positions of authority such as:
- senior managers
- beneficial owners
- sole practitioners
If you fail approval
You’ll fail approval if you’ve committed an offence under Schedule 3 of the Money Laundering Regulations.
HMRC will not register your business if you fail the test and while you continue to occupy a position of authority. However you can appoint another person.
We will not register your business if any of the applicants fail the test.
When the fit and proper test and approval checks take place
HMRC will carry out checks using the information you supply online when you apply to register for anti-money laundering supervision.
There’s no need to apply for a test each year. However if a new responsible person joins your business after you’ve registered you should sign in to the online service and add their details.
If you’re not yet registered online, you can use form MLR101 to apply for the fit and proper test.
HMRC will check the accuracy of the information you provide online.
This will include checking those details against information held by us, other regulatory authorities, government and law enforcement agencies.
We’ll contact you if we need you to send additional information or documents to confirm identification.
If you pass the test, HMRC will continue to monitor your fit and proper or approved status.
You can find additional information about the checks that HMRC in the guidance on the fit and proper test and approval.