Home FCA Handbook SYSC SYSC 23 SYSC 23.4 Checks for certain directors
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SYSC 23.4 Checks for certain directors

09/12/2019R

This section applies to a UK SMCR firm that is:

  1. (1)

    an enhanced scope SMCR firm; or

  2. (2)

    a core SMCR firm.

24/04/2026R

A firm must not appoint a person, or permit them to act, as a non-SMF board director unless it is satisfied that that person is fit and proper to perform that role.

24/04/2026R

A firm must (as part of its assessment of the fitness and propriety of any of its non-SMF board directors under SYSC 23.4.1AR(P)) obtain the fullest information that it is lawfully able to obtain about P under Part V of the Police Act 1997 (Certificates of Criminal Records, &c) and related subordinated legislation of the United Kingdom or any part of the United Kingdom before P’s appointment as a board director.

09/12/2019G

The guidance in SUP 10C.10.17G, SUP 10C.10.18G and SUP 10C.10.21G about criminal record checks for candidates to be an SMF manager applies to criminal record checks under this section.

24/04/2026R

SYSC 23.4.2R does not apply if:

  1. (1) the person to be appointed is already performing, and has approval for the performance of, a designated senior management function for the firm or another firm in the same group;
  2. (2) the person to be appointed was performing, and had approval for the performance of, a designated senior management function for the firm or another firm in the same group within 1 month before the appointment; or
  3. (3) the firm (A) has already carried out the check in SYSC 23.4.2R in relation to the appointment of the person as a non-SMF board director of a firm in the same group and the person concerned is still performing that role or was doing so within 1 month before the appointment to the position with A.
24/04/2026R

A firm must, so far as it is reasonably able, ensure that the information it obtains under SYSC 23.4.2R is no older than 6 months as at the time the appointment takes effect.