Response to eBA and ESMA launch consultation to revise joint guidelines for assessing the suitability of members of the management body and key function holders
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Para 86: What does member of affiliated companies or affiliated entities mean? Does it refer to member of the management body?
146 c) How is one to gather information on the independence of mind of the assessed individual?
Para 194: Competent authorities have reasonable grounds to suspect? They become prosecutor and judge at the same time?
Question 1: Are subject matter, scope of application, definitions and date of application appropriate and sufficiently clear?
What does para 18 mean? Persons who have been assessed between June 2018 and the implementation of the new guidelines will be assessed again?Question 2: Are the changes made in Title II appropriate and sufficiently clear?
Para 27 c ii) and 32 c ii) : How is the suitability of a member of the collective suitability of the management body being affected by a breach in ML/TF obligations by the institution?Question 3: Are the changes made in Title III appropriate and sufficiently clear?
Para 75 and 77: What about presumption of innocence – this is about allegations and adverse reports and not judicial or administrative decisionsPara 86: What does member of affiliated companies or affiliated entities mean? Does it refer to member of the management body?
Question 4: Are the requirements in section 12 sufficiently clear; are there additional measures that should be required to ensure that diversity is appropriately taken into account by institutions and that the principle of equal opportunities for all genders is appropriately reflected?
Para 108: what does discrimination based on birth or property actually mean?Question 5: Are the changes made in Title VI appropriate and sufficiently clear?
Yes, clear.Question 6: Are the changes made in Title VII appropriate and sufficiently clear?
Para 146 b) : ML/TF being committed by whom the individual or the institution he has been a member of the management body?146 c) How is one to gather information on the independence of mind of the assessed individual?
Question 7: Are the changes made in Title VIII appropriate and sufficiently clear?
Para. 182 : Why are heads of control functions who are not members of the management body included in the collective suitability of the management body?Para 194: Competent authorities have reasonable grounds to suspect? They become prosecutor and judge at the same time?