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Consultation Paper on Draft joint ESMA and EBA Guidelines on the assessment of the suitability of members of the management body and key function holders under Directive 2013/36/EU and Directive 2014/65/EU (EBA/GL/2020/19) (ESMA35-43-2464)Responding to this consultationExecutive SummaryBackground and rationale1. Compliance and reporting obligations2. Subject matter, scope and definitions3. Implementation4. GuidelinesTitle I - Application of the proportionality principleTitle II – Scope of suitability assessments by institutions1. The institutions' assessment of the individual suitability of members of the management body2. The institutions' assessment of the collective suitability of the management body3. The relevant institutions' assessment of the suitability of key function holdersTitle III – Notions of suitability listed in Article 91(12) of Directive 2013/36/EU4. Sufficient time commitment of a member of the management body5. Calculation of the number of directorships6. Adequate knowledge, skills and experience7. Collective suitability criteria8. Reputation, honesty, and integrity9. Independence of mind and independent membersTitle IV – Human and financial resources for training of members of the management body10. Setting objectives of induction and training11. Induction and training policyTitle V –Diversity within the management body12. Diversity policy objectivesTitle VI – Suitability policy and governance arrangements13. Suitability policy14. Suitability policy in a group context15. Nomination committee and its tasks2716. Composition of the management body and the appointment and succession of its membersTitle VII – Assessment of suitability by institutions17. Common requirements for the assessment of the individual and collective suitability of members of the management body18. Assessment of the suitability of individual members of the management body19. Assessment of the collective suitability of the management body20. On-going monitoring and re-assessment of the individual and collective suitability of the members of the management body21. Suitability assessment of key function holders by relevant institutions22. Institutions' corrective measuresTitle VIII – Suitability assessment by competent authorities23. Competent authorities' assessment procedures24. Decision of the competent authority25. Cooperation between competent authoritiesTitle IX Competent authorities and resolution authorities suitability assessment in the context of resolutionAnnex I – Template for a matrix to assess the collective competence of members of the management bodyAnnex II – SkillsAnnex III – Documentation requirements for initial appointments5. Accompanying documents5.1. Draft cost-benefit analysis / impact assessment5.2 Questions for public consultation
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Title VIII – Suitability assessment by competent authorities

Closed
31 October 2020
23. Competent authorities' assessment procedures
24. Decision of the competent authority
25. Cooperation between competent authorities
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