Bankruptcy reports of fit and proper people

You are required to provide a bankruptcy check for each of your fit and proper people.

You can obtain bankruptcy checks on your fit and proper people from the Australian Financial Security Authority (AFSA). The bankruptcy checks you provide to us must be no more than 12 months old.

AFSA maintains the National Personal Insolvency Index (NPII), which contains information on proceedings and administrations under the Bankruptcy Act. You can do a search of the NPII through the Bankruptcy Register Search at AFSA.

Overseas bankruptcy check

If a person has never lived in Australia, or has only recently arrived, an Australian bankruptcy check will not be relevant. In this situation, you must provide us with a bankruptcy check, no more than 12 months old, from the countries, states or provinces in which the person has lived in the last 10 years.

The bankruptcy check should be obtained from a national government authority in the relevant country or countries. If the national government for a relevant country does not issue a national bankruptcy check, you must provide a bankruptcy check issued by a state or provincial authority for each state or province where the responsible manager has lived over the last 10 years.

If authorities in a relevant country do not provide bankruptcy checks, you must obtain from the person a statutory declaration declaring that the person has never been bankrupt. You will also need to provide a statutory declaration detailing the attempts made to obtain a bankruptcy check from the relevant authorities. If the person is still overseas when you lodge your licence application, their statutory declaration must be notarised and registered at an Australian consulate in the country where the person lives. If the person is living in Australia when their statutory declaration is made, the declaration must be signed and witnessed by a solicitor, justice of the peace, notary or other equivalently qualified person.

Last updated: 30/03/2021 09:32