Skip to main content
Version date: 31 July 2020 - onwards

17. Common requirements for the assessment of the individual and collective suitability of members of the management body

Closed
31 October 2020

134. Unless otherwise specified in the Guidelines, the management body in its supervisory function or, where established, the nomination committee should ensure that the individual and collective suitability assessments of the members of the management body are carried out before they are appointed. They may liaise with other committees (e.g. risk and audit committee) and internal functions (e.g. human resources, legal or control functions). The management body in its supervisory function should be responsible for determining the final suitability assessments.

135. By way of derogation of paragraph 135, the individual and collective suitability assessments may be performed after the appointment of the member in any of the following cases for which the institution has provided a duly justification:

a. shareholders, owners or members of the institution nominate and appoint members of the management body at the shareholder's or equivalent meeting that have not been proposed by the institution or by the management body, e.g. slate system;

b. a complete suitability assessment prior to the appointment of a member would disrupt the sound functioning of the management body, including as a result of the following situations:

i. where the need to replace members arises suddenly or unexpectedly, e.g. death of a member; and

ii. where a member is removed because he or she is not any longer suitable.