About Fitness and Probity

The Fitness and Probity Regime was introduced by the Central Bank under the Central Bank Reform Act 2010 (the 2010 Act). It is critical to the protection of the public interest and to ensuring there is public trust and confidence in the financial system.

The core function of the Fitness and Probity Regime is to ensure that individuals in key and customer facing positions - referred to in the legislation as Controlled Functions (CFs) and Pre-Approval Controlled Functions (PCFs) - within a Regulated Financial Service Provider and certain holding companies (Regulated Firm) are competent and capable, honest, ethical and of integrity and also financially sound.

The Central Bank's vision for the Fitness and Probity Regime is that Regulated Firms and individuals who work in these firms are committed to high standards of competence, integrity and honesty, and are held to account when they fall below these standards.

Fitness and Probity Pillars

The Fitness and Probity Regime is grounded on three key 'pillars':

• Regulated Firms' Ongoing Obligations which deals with the obligations of the Regulated Firms in relation to the application of the Standards of Fitness and Probity. For further information, refer to the Requirements, PCF Assessment & Ongoing Compliance section.
• Gatekeeper Pillar which deals with the Central Bank's 'Gatekeeper' Role, i.e. the pre-approval of individuals proposed to take up PCF functions. For further information, refer to the Requirements, PCF Assessment & Ongoing Compliance section.
• Investigations Pillar which deals with the investigative and enforcement powers of the Central Bank and the European Central Bank in relation to an individual's fitness and probity. For further information, refer to the Investigations and Enforcement section.

Statutory Codes

The Central Bank has issued a number of statutory codes pursuant to its powers under section 50 of the 2010 Act, to set out the minimum standards of Fitness and Probity for individuals performing CFs or PCFs, including the:

• Fitness and Probity Standards for Regulated Firms ("the Fitness and Probity Standards”)
• Fitness and Probity Standards for Credit Unions
• Minimum Competency Code for individuals providing certain financial services, in particular when dealing with consumers.

The Central Bank has also published FAQ and guidance documents to assist Regulated Firms, Credit Unions and individuals performing CFs and PCFs to comply with their fitness and probity obligations.