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HMRC internal manual

Money Laundering Regulations: Registration

Fit and Proper Test: Fit and Proper Test Failure

RIS will advise Registration if the background checks carried out indicate that the individual has been convicted of an offence under Regulation 28(2)(a) to (d), and will provide details of the offence and confirm that the conviction is not spent and bankruptcy or sequestration has not been discharged.

Where an individual fails the F and P test, Registration will write to the person setting out the reasons for failure and advise that if he/she does not agree with the result of the test, they must write to us within 14 days giving their reasons.

The letter is to ensure that we have got our facts right and give the person an opportunity to provide further information if they do not agree with the result of the test. For example: a conviction may have been overturned on appeal.

If the applicant responds to the letter within 14 days and provides further information Registration will review the information and:

  • where the information is sufficient to confirm that the reasons for F and P test failure were inaccurate, Registration will overturn the decision and process the F and P application;
  • where the information is insufficient, Registration will proceed with rejecting the application. They may ask RIS to carry out further checks.

Note: Individuals cannot appeal against a failure of the F and P test.