Fitness to Own

What to declare

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.

When to Declare

You must make a Fitness to Own declaration 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 business applying to be authorised, or any related business (i.e. parent/subsidiary) has:

  • been the subject of a resolution for voluntary winding-up passed without a declaration of solvency under section 89 of the Insolvency Act 1986?
  • 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 business applying to be authorised, or any related business (i.e. parent/subsidiary) been made?
  • had a civil judgement made against it?
  • been the subject of any investigation or proceedings conducted by any regulatory or professional body?