TDLC Criminal Convictions and Bankruptcy Policy

TDLC Criminal Convictions and Bankruptcy Policy

This policy is on the TDLC website, and all students, prior to commencing their

studying are made aware of it in the induction e-mail.

BANKRUPTCY

Applicants for Student registration

In relation to an application for Student registration with the IAB, TDLC will advise the

learner that;

S/he may Not be admitted if they are the subject of an undischarged or discharged

bankruptcy order, but may be admitted if the IAB considers there to be mitigating

circumstances.

When considering the implications of bankruptcy on potential or continued Membership or

Student registration, the IAB may consider:

a) The reasons for the indebtedness, the circumstances of the bankruptcy or arrangement and

the extent to which the Member, Applicant, Student or Affiliate was personally at fault.

(i) The more the Member, Applicant, Student or Affiliate was personally at fault, the more

appropriate to tend towards severity in the sanction, particularly if he had been reckless or

dishonest.

(ii) On the other hand, if there were factors beyond the control of the Member, Applicant,

Student or Affiliate, this may be considered a mitigating factor.

It will be for the Applicant to satisfy the Association of suitability for Membership.

Affiliates and Students

Where an Affiliate or Student becomes bankrupt or has made any composition or entered into

any formal arrangement with his creditors, he will be subject to a disciplinary investigation

(in accordance with the IAB’s professional conduct regulations).

They should be advised that if they subsequently apply for Membership, their case will be

considered on an individual basis in accordance with the IAB's policy on applicants for

Membership.

TDLC Criminal Convictions and Bankruptcy Policy 

Duty to inform the IAB

The Disciplinary Regulations impose a duty on the membership to inform the IAB if they are

made bankrupt, or have made any composition or entered into any formal arrangement with

their creditors. If they fail to do so, they will be subject to a disciplinary investigation (in

accordance with the IAB’s professional conduct regulations).

CRIMINAL CONVICTIONS

Applicants for Student registration

In relation to an application for Student registration with the IAB, TDLC will advise the

student that;

Financial Indictable Offences

An applicant for student registration who has an unspent criminal conviction for an indictable

offence involving dishonesty, theft, fraud or any other financial impropriety will only be

permitted to register where, in the opinion of the IAB:

(i) there are exceptional mitigating circumstances; and

(ii) subject to providing an additional satisfactory character reference.

Non-Financial Indictable Offences

An applicant who has an unspent criminal conviction for an indictable offence of a non-
financial nature will usually be permitted to register as a student unless there is, in the

opinion of the IAB good reason not to permit the registration.

Summary Offences

A student will be entitled to register as a student if the unspent criminal conviction is of a

non- indictable nature.

In all of the above cases, the student should be advised that if they subsequently apply for full

membership (while the conviction remains unspent), their case will be considered on an

individual basis in accordance with the IAB's policy on Applicants for Membership.

Affiliates or Students

Any student or affiliate who is convicted of a criminal offence whilst a member of the IAB,

will be subject to a disciplinary investigation (in accordance with the professional conduct

regulations).

TDLC Criminal Convictions and Bankruptcy Policy 

Duty to inform the IAB

The professional conduct regulations also impose a duty on every student, associate of full

member to inform the IAB if they have pleaded guilty to or been found guilty of an indictable

offence. If they fail to do so, they will be subject to a disciplinary investigation (in

accordance with the IAB’s professional conduct regulations ).