S.L. 365.13 Art. 4ABrokering Licence.

(1) Prior to engaging in any brokering activities relating to the transfer of any item listed in the Manual, brokers shall submit a written application to the Director for the issue of a licence to act as a broker, therein providing all the relevant information requested by the Director.

(2) On receipt of an application for the issue of a licence to act as a broker, the Director shall perform background checks and shall submit the relevant information to the Commissioner of Police so that a criminal record check is carried out with regard to the applicant:

Provided that in the case of a legal person, the check shall be both on the legal person and on the natural person or persons directing the undertaking:

Provided further that apart from carrying out background checks through the Commissioner of Police, the Director may also request information from other entities in order to establish the private and professional integrity and the relevant abilities of the applicant concerned.

(3) The Director shall not issue a licence to act as a broker if it results that the applicant has been convicted of a criminal offence which in the opinion the Director may impinge on the applicant’s private and professional integrity and, or the applicant’s relevant abilities:

Provided that in the case of a legal person, this shall also apply if it results that the natural person or persons directing the undertaking have been convicted of such a criminal offence.

(4) The Director shall also not issue a licence to act as a broker if from the information given to the Director it results that the applicant has pending criminal proceedings relating to a criminal offence which in the opinion the Director may impinge on the applicant’s private and professional integrity and, or the applicant’s relevant abilities:

Provided that in the case of a legal person, this shall also apply if it results that the natural person or persons directing the undertaking has pending criminal proceedings relating to such a criminal offence.