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Version date: 31 July 2020 - onwards

1. The institutions' assessment of the individual suitability of members of the management body

Closed
31 October 2020

23. Institutions should have the primary responsibility for ensuring, in accordance with Article 91(1) of Directive 2013/36/EU, that the members of the management body are individually suitable at all times and should assess or re-assess the suitability, in particular:

a. when applying for authorisation to take up the business;

b. when material changes to the composition of the management body occur, including:

i. when appointing new members of the management body, including as a result of a direct or indirect acquisition or increase of a qualifying holding in an institution [Please also refer to the (draft) RTS under Article 7(4) of Directive 2014/65/EU and draft ITS under Article 7(5) of Directive 2014/65/EU on the procedures for granting and refusing requests for authorisation of investment firms available on the ESMA's website. See also (draft) ITS on the procedures and forms in respect of acquisitions and increases of qualifying holdings in credit institutions and investment firms respectively, available on the EBA and ESMA]. This assessment should be limited to newly appointed members;