Table of Contents
Document Overview
Article 323 Fit and proper requirements for shareholders or members with a qualifying holding
1. The assessment of whether the shareholders or members having a qualifying holding within the meaning of Article 13(21) of Directive 2009/138/EC in a special purpose vehicle are fit and proper shall take into account all of the following criteria:
(a) the reputation and integrity of the shareholder or member having a qualifying holding in the special purpose vehicle;
(b) the financial soundness of the shareholder or member having a qualifying holding in the special purpose vehicle;
(c) the level of influence that the shareholder or member having a qualifying holding in the special purpose vehicle will exercise over the special purpose vehicle;
(d) whether there are reasonable grounds to suspect that, in connection with the qualifying holding of the shareholder or members having a qualifying holding in the special purpose vehicle, money laundering or terrorist financing within the meaning of Article 1 of Directive 2005/60/EC of the European Parliament and of the Council [Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purposes of money laundering and terrorist financing (OJ L 309, 25.11.2005, p. 15).] is being or has been committed or attempted, or that the qualifying holding could increase the risk thereof.