Fitness and propriety in financial services in the 21st century

‘Fitness and propriety’ is a key qualifying condition of authorisation under the Financial Services and Markets Bill. Blandly stated, it is probably uncontroversial as a condition of authorisation. How, in practice, fitness and propriety should be demonstrated to, inquired into and verified by the Financial Services Authority raise more difficult issues. This paper looks at the way in which these practical issues have been addressed by the courts and other regulatory regimes in the past. While past experience does not form a model for future guidance on these topics, it is a useful starting point from which to consider the draft Bill's approach to such matters. Since this paper was written, the Financial Services and Marketing Bill has been amended. The current version can be viewed at: www.parliament.the‐stationery‐office.co.uk