APER 3.3 Factors relating to Statements of Principle 5 to 7
1In determining whether or not the conduct of an approved person performing an accountable higher management function complies with Statements of Principle 5 to 7, the following are factors which, in the opinion of the FCA, are to be taken into account:
- (1)
whether he exercised reasonable care when considering the information available to him;
- (2)
whether he reached a reasonable conclusion which he acted on;
- (3)
the nature, scale and complexity of the firm's business;
- (4)
their role and responsibility as an approved person performing an accountable higher management function;
- (5)
the knowledge he had, or should have had, of regulatory concerns, if any, arising in the business under his control.