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Version status: In force | Document consolidation status: Assimilated law updated to reflect all known changes
This version in force from: 31 December 2020

Article 49 Responsibilities of key personnel in respect to the risks

1. A CSD shall have adequate staff to meet its obligations. A CSD shall not share staff with other group entities, unless it does so under the terms of a written outsourcing arrangement in accordance with Article 30 of Regulation (EU) No 909/2014.

2. The management body shall assume at least the following responsibilities:

(a) establish well-documented policies, procedures and processes by which the management body, senior management and committees shall operate;

(b) establish clear objectives and strategies for the CSD;

(c) effectively monitor senior management;

(d) establish adequate remuneration policies;

(e) ensure the surveillance of the risk-management function and take the decisions related to risk management;

(f) ensure the independence and adequate resources of the functions referred to in Article 47(3);

(g) monitor outsourcing arrangements;

(h) monitor and ensure compliance with all relevant regulatory and supervisory requirements;

(i) be accountable to shareholders or other owners, employees, users and other relevant stakeholders;

(j) approve internal audit planning and review;