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SCHEDULES

Article 17A

[F1SCHEDULE 1N.I.DETERMINING UNFITNESS ETC: MATTERS TO BE TAKEN INTO ACCOUNT

Modifications etc. (not altering text)

C1Sch. 1 applied by S.I. 1989/638, reg. 20(2) (as inserted (1.10.2009) by European Economic Interest Grouping (Amendment) Regulations 2009 (S.I. 2009/2399)), {reg. 21(4)} (with reg. 2))

F2Matters to be taken into account in all casesN.I.

F2Mod. SR 2004/307

1  The extent to which the person was responsible for the causes of any material contravention by a company or overseas company of any applicable legislative or other requirement.N.I.

2  Where applicable, the extent to which the person was responsible for the causes of a company or overseas company becoming insolvent.N.I.

3  The frequency of conduct of the person which falls within paragraph 1 or 2.N.I.

4  The nature and extent of any loss or harm caused, or any potential loss or harm which could have been caused, by the person's conduct in relation to a company or overseas company.N.I.

Additional matters to be taken into account where the person is or has been a directorN.I.

5  Any misfeasance or breach of any fiduciary duty by the director in relation to a company or overseas company.N.I.

6  Any material breach of any legislative or other obligation of the director which applies as a result of being a director of a company or overseas company.N.I.

7  The frequency of conduct of the director which falls within paragraph 5 or 6.N.I.

InterpretationN.I.

8  Paragraphs (1A) to (2A) of Article 9 apply for the purposes of this Schedule as they apply for the purposes of that Article.N.I.

9  In this Schedule “director” includes a shadow director.]N.I.