Page 418 - IOM Law Society Rules Book
P. 418

c.8                 Financial Services Act 2008                121

                                  (a) the integrity, competence, financial standing, structure
                                      and organisation of the applicant;

                                  (b) the integrity, competence and financial standing of —

                                       (i) any controller or director of the applicant;


                                       (ii) key persons in relation to the applicant; and

                                  (c) the description of the business the applicant proposes
                                      to carry on.

                                (3) The Commission may publish guidance setting out the
                           criteria that it will normally apply in assessing whether it is satisfied
                           as required by subsection (1).


                                (4) The guidance shall be published in such form and in
                           such manner as the Commission may decide.

                                (5) Subsections (2) and (3) do not affect the generality of
                           subsection (1).



                            7. (1) The Commission shall, in relation to every application The licence
                           for a licence to carry on a regulated activity —


                                  (a) issue the licence;

                                  (b) issue the licence, subject to conditions; or

                                  (c) refuse the application.


                                (2) Subject to the provisions of this Act, a licence to carry
                           on a regulated activity shall remain in force until revoked or
                           surrendered.

                                (3) The conditions which the Commission may impose may
                           include a condition that —

                                  (a) the person to whom the licence is issued shall comply
                                      with the Rule Book or such provisions of the Rule Book
                                      as are specified;

                                  (b) the Rule Book shall apply to that person with such
                                      exceptions and modifications as may be specified.

                                (4) The Commission shall give to the person concerned
                           written notice of a decision under subsection (1) and, where the
                           decision is under paragraph (b) or (c) of that subsection, a written
                           statement of the reasons for the decision.
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