What defines an incapacitated member within the context of the RIBO Act?

An incapacitated member within the context of the RIBO Act refers to an individual who is experiencing a condition that significantly impairs their ability to conduct business. This definition encompasses a wide range of scenarios that may affect a person's physical or mental faculties, making it challenging for them to perform their professional duties. The focus is on the individual's current capability to fulfill their responsibilities effectively rather than their legal status or choices.

In contrast, a member with a revoked license is considered to be operating outside of legal parameters because their authorization has been formally taken away, but this does not inherently imply an incapacity to conduct business. Similarly, a member who chooses to resign has made a conscious decision to leave their position, which does not relate to an inability to perform their role. Lastly, a member under investigation for misconduct may still be fully capable of doing business; the investigation does not necessarily affect their professional abilities. Therefore, the clearest definition of an incapacitated member is one who is hindered by a condition that obstructs them from engaging effectively in their business activities.