4.4.4

In determining whether to exercise our power under section 35 of the FSMR, we may take into account relevant facts and circumstances including, the following:

(a) whether we have concerns about the fitness and propriety of the firm or Recognised Body;
(b) whether the firm's or Recognised Body's resources are adequate for the scale or type of activity which the firm is authorised to undertake;
(c) whether the firm or Recognised Body has conducted its business in compliance with the FSMR and the Rules;
(d) whether the firm or Recognised Body has ensured full compliance with applicable money laundering or counter terrorism legislation; and
(e) whether the firm's or Recognised Body's management is able to address the Regulator's concerns about the firm or Recognised Body, or the way the business is being or has been run.