Response to consultation on Joint EBA and ESMA Guidelines on suitability assessments of the management body and holders of qualifying holdings under MiCAR
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Question 1: Are the sections on subject matter, scope, definitions, addressees and implementation of the draft joint EBA and ESMA Guidelines on the assessment of the suitability of the members of the management body of issuers of ARTs and CASPs appropriate and sufficiently clear?
No comment.Question 2: Are the provisions on the application of the proportionality principle appropriate and sufficiently clear?
No comment.Question 3: Are the provisions on the notion of sufficiently good repute appropriate and sufficiently clear?
If during the member suitability assessment process, it is discovered that the member did previously have verifiable records of poor credit (from third-party credit reports), but currently the member has no outstanding debt issues and holds certain high-quality assets, could the suitability assessment rating be adjusted? Especially since the validity period of third-party credit reports is unclear, this may hinder members who have restored their credit and are willing to maintain market order from joining. We suggest clearly defining the validity period when using third-party credit reports.Question 4: Are the provisions on the notion of individual and collective appropriate knowledge, skills and experience appropriate and sufficiently clear?
No comment.Question 5: Are the provisions on the sufficient time commitment of a member of the management body appropriate and sufficiently clear?
No comment.Question 6: Are the provisions in section D.3 and subsections D3.1 and D.3.2. on the suitability assessment appropriate and sufficiently clear?
No comment.Question 7: Are the provisions in section D.4 on corrective measures appropriate and sufficiently clear?
No comment.Question 8: Are the provisions in section D.5 and D.6 on the assessment and decisions by competent authorities appropriate and sufficiently clear?
No comment.Question 9: Are the draft Joint Guidelines on the assessment of the suitability of the shareholders or members, whether direct or indirect, with qualifying holdings in issuers of ARTs or of CASPs appropriate and sufficiently clear?
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Re：ESMA75-453128700-506.pdf
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