without prejudice to the general effect of subparagraph (1), the central bank may have regard to the previous conduct and activities of the person concerned in business or financial matters and, in particular, to any evidence that the person (a) has been convicted of the offence of fraud, corruption, drug, wildlife and human trafficking, tax crime, a predicate offence generating proceeds of crime to money laundering and terrorism financing or any other offence depicting dishonesty or indicative of involvement or participation in handling of proceeds of illegal activities or any other offence of which dishonesty or violence is an element;
(b)
has contravened any law designed for the protection of members of the public against financial loss due to the dishonesty or incompetence of, or malpractice by, persons engaged in the provision of banking, insurance, investment or other financial services or the management of companies or against financial loss due to the conduct of a discharged or undischarged bankrupt;
(c)
was a director of an institution that has been liquidated or is under liquidation or management of the central bank or under receivership;
(d)
has taken part in any business practice that in the opinion of the central bank, was deceitful or oppressive, fraudulent, prejudicial or otherwise improper whether unlawful or not, or which otherwise reflect discredit on his or her method of conducting business;
(e)
has engaged in or taken part in or been associated with any other business practices or otherwise conducted himself or herself in such a manner as to cause doubt on his or her competence and soundness of judgment;
(f)
has defaulted on a loan or credit facility or is a director in a company which has defaulted on a loan or credit facility;
(g)
has been listed as an individual or entity subject to targeted financial sanctions under any United Nations Security Council Resolution or any other national, regional or international sanctions list;
(h)
has contravened any law protecting members of the public against financial loss;
(i)
was a director or substantial shareholder or vetted executive manager of any corporate entity that has been or is under involuntary liquidation, receivership or management by a central bank or financial sector regulator or by the direction of court or a creditor mandated administrative process;
(j)
has been refused admission to, or has been expelled from or has an outstanding probe or pending disciplinary process with, any professional body;
(k)
has taken part in any improper business practices that discredit or bring into disrepute the said business;
(l)
has engaged in business practices or conduct that causes or casts doubt as to his or her competence or integrity or soundness of judgment;
(m)
has been sanctioned by any regulator or professional body or association;
(n)
has defaulted on a loan as an individual or he or she is a director or has a substantial shareholding or is an ultimate beneficial shareholder in a company that has defaulted on a loan or credit facility;
(o)
has been the subject of an adverse judgment or has been found guilty on any matter or subject that speaks to his or her integrity in a civil or criminal proceeding by any lawfully established court;
(p)
has deliberately misled or attempts to mislead by act or omission, a client, the institution or the regulator that is seeking or sought to authenticate their probity;
(q)
has deliberately falsified documents to mislead a client, the institution or regulator, or failed to disclose the existence of falsified documents;
(r)
has deliberately failed to inform a client, institution or regulator, without reasonable cause, of the fact that their understanding of a material issue is incorrect, despite being aware of their misunderstanding;
(s)
has deliberately prepared or to a material extent, participated in the preparation of inaccurate records or returns;
(t)
has a record of non-compliance with statutory codes, including but not limited to disciplinary or supervisory or regulatory administrative sanctions; or
(u)
his or her appointment would result in a conflict of interest, real or perceived.
