Key dates
- 1 December 2011
- - Fitness and Probity regime effective; Merrion's breach period begins
- Late 2014 Deadline
- - Management buy-out and new Board appointed; initial compliance improvements start
- 24 April 2015
- - Merrion implements first written F&P policies and procedures
- 2016
- - CBI inspection identifies breaches
- 12 December 2017
- - CBI imposes €200,000 fine and reprimand via settlement agreement; investigation closed
Suggested considerations
- Develop/improve written policies and procedures for initial and ongoing due diligence on CFs/PCFs, including centralized records per individual.
- Conduct thorough due diligence at appointment and continuously monitor compliance with F&P Standards; maintain demonstrable records.
- Ensure accurate CF/PCF classification for all relevant roles (e.g., executive directors, finance heads, client advisors).
- Implement monitoring systems to detect changes in fitness/probity and report to CBI if Standards are breached.
- Board-level oversight: Review and remediate gaps, as post-2016 Merrion Board did.
What changed
- This 2017 enforcement does not introduce new regulatory changes but enforces existing requirements under the F&P regime, established via the Central Bank Reform Act 2010 and effective from 1 December...
- Firms must maintain adequate systems and procedures for initial and ongoing due diligence to ensure CFs/PCFs meet F&P Standards (fitness: competence, integrity; probity: honesty).
- Ongoing monitoring beyond initial checks, with written records and centralized documentation for each individual.
- Accurate classification of roles as CFs/PCFs; failure here constituted a breach.
No subsequent statutory changes are noted in the publication, but it reinforces that firms bear ultimate...
Compliance impact
Urgency: Medium - While from 2017, this foundational enforcement remains highly relevant for ongoing F&P obligations, with risks of fines/reprimands during CBI inspections (as in Merrion's 2016 review). It matters because firms hold primary accountability for a regime designed post-crisis to prevent unfit individuals in key roles; non-compliance exposes entities to significant reputational, financial (€200k precedent), and operational risks, especially amid evolving governance scrutiny.