Revised Fit and Proper - Combined-Final Oct 2015
Revised Fit and Proper - Combined-Final Oct 2015
Revised Fit and Proper - Combined-Final Oct 2015
OCTOBER 2015
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TABLE OF CONTENTS
Section Title
1.0 INTRODUCTION
1.1 OBJECTIVE
1.2 SCOPE AND APPLICABILITY
2.0 CRITERIA FOR ASSESSING PROPRIETY
3.0 CRITERIA FOR ASSESSING FITNESS (COMPETENCE AND
CAPABILITY)
4.0 GENERAL GUIDELINES FOR ALL FINANCIAL INSTITUTIONS
5.0 FITNESS REQUIREMENTS FOR BANKS, DISCOUNT HOUSES AND
DEVELOPMENT FINANCE INSTITUTIONS.
5.1 MANAGING DIRECTOR
5.2 DEPUTY MANAGING DIRECTOR/EXECUTIVE DIRECTORS
5.3 GENERAL MANAGER
5.4 DEPUTY GENERAL MANAGER
5.5 ASSISTANT GENERAL MANAGER
5.6 NON-EXECUTIVE DIRECTORS
5.7 INDEPENDENT DIRECTOR
6.0 FITNESS REQUIREMENTS FOR OTHER FINANCIAL INSTITUTIONS
(OFIs)
6.1 PRIMARY MORTGAGE BANKS (PMBs)
6.1.1 MANAGING DIRECTOR/EXECUTIVE DIRECTORS
6.1.2 TOP MANAGEMENT (DEPARTMENTAL HEADS)
6.1.3 NON-EXECUTIVE DIRECTORS
6.2 MICROFINANCE BANKS (MFBs)
6.2.1 MANAGING DIRECTOR/EXECUTIVE DIRECTORS
6.2.2 TOP MANAGEMENT (DEPARTMENTAL HEADS)
6.2.3 NON-EXECUTIVE DIRECTORS
6.3 FINANCE COMPANIES (FCs)
6.3.1 MANAGING DIRECTOR/EXECUTIVE DIRECTORS
6.3.2 TOP MANAGEMENT (DEPARTMENTAL HEADS)
6.3.3 NON-EXECUTIVE DIRECTORS
6.4 BUREAUX DE CHANGE (BDCs)
6.4.1 MANAGING DIRECTOR/CHIEF EXECUTIVE OFFICER
6.4.2 SENIOR MANAGEMENT OFFICERS/MANAGERS
7.0 SIGNIFICANT SHAREHOLDERS FOR ALL FINANCIAL INSTITUTIONS
8.0 NOTES
9.0 EFFECTIVE DATE
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1.0 INTRODUCTION
1.1 OBJECTIVE
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a. of unsound mind or as a result of ill- health is incapable of
carrying out his duties; or
And whether:
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7. the candidate has ever been disqualified under BOFIA or CAMA
or any other legislation or regulation, from acting as a director or
serving in a managerial capacity;
Where candidates are deficient or fail the fitness test, they will be
allowed a period of two years within which to undergo training to
remedy the deficiency. However, if the candidate is unable to fulfill
the requirements under this guidelines after two years of failing the
test, he/she may be required to relinquish his/her board/top
management appointment.
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4.0 GENERAL GUIDELINES FOR ALL FINANCIAL INSTITUTIONS
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5. 1 MANAGING DIRECTOR
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Candidates must also have a minimum of 15 years post-
graduation experience, out of which at least 12 must have
been in the banking industry and at least 2 as Deputy General
Manager. Evidence of experience in at least three (3) major
areas of banking operations.
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5.6 NON-EXECUTIVE DIRECTORS
ii. The quality of courses and seminars attended in the last five
(5) years prior to his nomination.
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5.7 INDEPENDENT DIRECTORS
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d. An Independent Director shall have:
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6.1.2 TOP MANAGEMENT (DEPARTMENTAL HEADS)
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obtained a Certificate in Microfinance Banking issued by the
Chartered Institute of Bankers of Nigeria (CIBN);
a) Unit MFBs
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b) State MFBs
c) National MFBs
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6.3 FINANCE COMPANIES (FCs)
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6.4 BUREAUX DE CHANGE (BDCs)
certify that the funds used in the acquisition of the shares were
not borrowed from within the banking system or are the
proceeds from money laundering and/or any criminal activity;
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complete an “Approved Persons Regime” questionnaire to be
administered by the CBN;
8.0 NOTES
8.1 The CBN at its discretion may use any available information in
addition to those provided by financial institutions and/or
candidates, to assess the fitness or propriety of a person.
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CENTRAL BANK OF NIGERIA
This questionnaire is designed to elicit information which would enable the CBN
ascertain your propriety as a major shareholder or member of the board/top
management in the institution. You are, therefore, required to answer every
question that relates to you honestly and where applicable, provide evidence to
support your answer. Please note that the CBN would periodically request you to
attend a performance review interview.
A. BIODATA
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S/N Educational Academic/ Dates
Institution/Professional Body Professional
From To
Qualification(S)
S/N Name(s) and Dates Position(s) Held Duties Reason(s) Two (2) Referees
address(es) of for leaving from your former
Employer(s) From To employer(s)
If not in employment, please give your business history in the format below:
S/N Name(s) and Type(s) of Dates Position(s) Held Two (2) Referees
address(es) of business (es)
Company (ies) From To
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2. Have you ever been required to give evidence in any trial or
proceedings involving fraud, dishonesty or similar matters, whether in
Nigeria or elsewhere other than as an expert witness? If yes, please
give details.
........................................................................................................
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3. Has any suit ever been brought against you in your personal capacity
or against any body corporate, partnership, society or any other
business undertaking to which you are connected as a shareholder,
partner, director or manager? If yes, please give details of the
circumstances and, if not pending, how it was resolved?
……………………………………………………………………………………………………
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4. Have you ever been denied membership of any professional body or
entry to any profession or vocation whether in Nigeria or elsewhere? If
yes, please give details:
….....................................................................……………………………..
……………………………………………………………………………………………………
……………………………………………………………………………………………………
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5. Have you ever been dismissed, requested or advised to resign or
suspended from any office or employment whether in Nigeria or
elsewhere? If yes, please give details:
……………………………………………………………………………………………………
……………………………………………………………………………………………………
……………………………………………………………………………………………………
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6. Has there been any civil action in court or petition by any body against
you to any regulator in pursuance of personal debts or other
obligations whether in Nigeria or elsewhere? If yes, please give details:
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……………………………………………………………………..……………………………
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7. Give the details of all your local and foreign bankers, including the
names and numbers of personal and business accounts maintained
over the past six years in the format below:
Local
Foreign
S/N Bank Address Acct. Name Acct. No. Date Opened
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9. Has any loan or credit facility (or part thereof) extended to you by any
financial institution/lending agency been restructured, renegotiated,
provisioned against or been a subject of write-off or forgiveness for
reasons of non-payment by you? If so, please, provide full details of
the debts, the circumstances surrounding the action and the current
status:
……………………………………………………………………………………………………
……………………………………………………………………………………………………
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10. Please list below and give details of all the societies, clubs, associations
and groups (organized and unorganized) either in school or thereafter,
which you are or have been a member:
……………………………………………………………………………………………………
……………………………………………………………………………………………………
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11. Have you ever been accused, convicted or been a subject of an
investigation panel set up for the purpose of examination malpractice,
unethical practices, money laundering or other moral misconduct? If
yes, please, provide the details:
……………………………………………………………………………………………………
……………………………………………………………………………………………………
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12. Provide any other information (if any), that would be of relevance to
the CBN in determining your suitability or otherwise, for the
appointment/position:
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1. A statement of your net worth comprising assets (in Nigeria and abroad)
at current values and total liabilities as at the date of appointment, which
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must be accompanied by a sworn affidavit. The statement would be
presented in the format below:
2. Your bankers’ declaration that you are not in any way indebted to them. If
you are, the outstanding amount of the debt(s) should be stated clearly
indicating its (their) performance status (whether performing or non-
performing) and whether it (they) is (are) adequately secured or not as
well as the nature and type of security (ies) offered.
3. A copy of your tax clearance certificate for the last three years.
4. Any other information that could assist the CBN in determining your
financial stability.
E. MISCELLANEOUS
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Children
Siblings
In-laws
Key Employees
Related Companies
2. Are you a serving Director or top management staff? If yes, Please state
your first appointment date and your last interview and/or recertification
date.
……………………………………………………………………………………………….
……………………………………………………………………………………………….
3. Please state the number of board meetings you have attended since your
appointment in the following format:
Year Number of meetings attended
…….. ………. ………………………………
…….. ………. ………………………………
……... ………………………………………..
4. What percentage of the financial institution’s shares do you directly and/or
indirectly own?
…………………………………………………………………………………………………
5. Have you been employed by an audit firm that assigned you to work on
this institution’s financial statements during the last two years? If yes,
please state the name of the audit firm:
……………………………………………………………………………………………………
……………………………………………………………………………………………….
I…………………………………………………………………………………………………hereby
declare that the answers to the above questions are true and that I am fully
aware that any concealment, provision of false or misleading information aimed
at influencing the approval of my appointment will constitute a breach of Section
60 of BOFIA, 1991, as amended.
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Date ……………………………………………………………………………………………….
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Date ………………………………………………………………………………………………