Lawyers Fitness to Own

Fitness to Own

Fitness to own is a declaration made if you are either making an application to own a legal practice or if you have been authorised by CILEx Regulation as an Approved Manager/Authorised Entity. The declaration requires you to answer 7 questions. A list of the questions and brief explanations of them are available to download (see top right of this page). Alternatively, visit the fitness to own section of the website.

When to declare

You must declare fitness to own on all CILEx and CILEx Regulation application forms, including the annual returns, or at the time the fitness to own conduct occurred, whichever is sooner. Declarations can be made by emailing CILEx Regulation.

Fitness to own declarations involve declaring whether the entity applying to be authorised, or any related business (i.e. parent and/or subsidiary) has:

  • Been the subject of a resolution for voluntary winding-up passed without a declaration of solvency under the Insolvency Act 1986, s. 89.
  • Ever entered administration within the meaning of paragraph 1(2)(b) of Schedule B1 to that Act.
  • Had an administrative receiver within the meaning of section 251 of the Act appointed.
  • Been the subject of a meeting of its creditors under section 95 of that Act.
  • An order for the winding up of the entity applying to be authorised, or any related business (i.e. parent and/or subsidiary).
  • Had a civil judgement made against it.
  • Been the subject of any investigation or proceedings conducted by any regulatory or professional body.

Fitness to Own Application Form Questions and Explanations

This document helps explain the Fitness to Own questions for existing entities and for those applying for entity authorisation.

> Download the document