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    2024-05-19

APER 3.3 Factors relating to Statements of Principle 5 to 7

APER 3.3.1GRP

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. (1)

    whether he exercised reasonable care when considering the information available to him;

  2. (2)

    whether he reached a reasonable conclusion which he acted on;

  3. (3)

    the nature, scale and complexity of the APER employer's2 business;

  4. (4)

    their role and responsibility as an approved person performing an accountable higher management function;

  5. (5)

    the knowledge he had, or should have had, of regulatory concerns, if any, arising in the business under his control.