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In deciding whether an individual applicant is fit and proper to hold a licence, EAA will consider the following factors, among others:
| (i) |
Is the individual an undischarged bankrupt, or has he within the five years prior to application made a composition or scheme of arrangement with his creditors? |
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| (ii) |
Is the individual a director or an officer of a company which is disqualified under the Estate Agents Ordinance from holding a licence, or was that individual a director or officer of that company when the company was so disqualified? |
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| (iii) |
Is the individual a mentally disordered person or a patient within the meaning of Section 2 of the Mental Health Ordinance? |
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| (iv) |
Does the individual have any criminal conviction for any offence, other than an offence under the Estate Agents Ordinance, which involved the individual acting fraudulently, corruptly or dishonestly? |
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| (v) |
Does the individual have any conviction under the Estate Agents Ordinance in respect of which he has been sentenced to imprisonment, whether the sentence is suspended or not? |
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In deciding whether a company is fit and proper to hold a licence, EAA will consider the following factors, among others:
| (i) |
Is the company in liquidation or subject to a winding-up order? Has a receiver been appointed to deal with it, or has the company, in the five years prior to the application, entered into a composition or scheme of agreement with its creditors? |
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| (ii) |
Does the company have any conviction under the Estate Agents Ordinance? |
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