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Version date: 22 November 2012 - onwards

2. Background and rationale

1. Article 11(1) of Directive 2006/48/EC entrusts the EBA with the task of ensuring the existence of guidelines for the assessment of the suitability of the persons who effectively direct the business of a credit institution. This follows on from the provision's requirement that competent authorities shall grant an authorisation to credit institutions only when there are at least two persons who effectively direct the business and shall not grant authorisation if these persons are not of sufficiently good repute or lack sufficient experience to perform such duties.

2. Whilst the assessment of the suitability of persons who effectively direct the business is only mentioned explicitly by Directive 2006/48/EC in the context of the authorisation process, Article 17 of Directive 2006/48/EC makes clear that all of the conditions for authorisation need to be fulfilled on an ongoing basis.