MAVCOM issues Consultation Paper on Fit and Proper Person

The Malaysian Aviation Commission (‘MAVCOM’) today issued a Consultation Paper on Guidelines on Fit and Proper Persons (‘Proposed Guidelines’).
The Proposed Guidelines set out MAVCOM’s approach to assess the key responsible persons in an aviation service company.
The key responsible persons are identified in the Proposed Guidelines as the following –
  1. board of directors;
  1. senior management which, inter alia, consists of a core group of individuals who are primarily responsible for the day-to-day management and decision making in an aviation service company;
  1. any other person who has the power to make or cause to be made, decisions in respect of the business administration of an aviation service company and to give effect to such decisions or cause them to be given effect to; and
  1. any other key person as may be determined by MAVCOM.   
When a fit and proper assessment is carried out by MAVCOM, the onus lies on the key responsible persons to prove that they are fit and proper persons according to the standards set out in the Proposed Guidelines.
The fitness and propriety of a responsible person will be assessed in the following areas –
  1. probity, reputation and integrity;
  1. competency and capability; and
  1. financial integrity.
Further details of the criteria for each of the aforesaid areas are set out in the Proposed Guidelines.
Feedback on the Proposed Guidelines are to be submitted to MAVCOM by 5.00 p.m. on 21 March 2019.