19. Where a competent authority knows, or has reasonable grounds to suspect, that the risk …

Where a competent authority knows, or has reasonable grounds to suspect, that the risk associated with an individual credit institution or financial institution in a cluster varies significantly from that associated with other credit institutions or financial institutions in that cluster, the competent authority should remove that credit institution or financial institution from the cluster and assess it either individually, or as part of a different cluster of credit institutions or financial institutions, which are exposed to a similar level of ML/TF risk. The removal from a cluster should include, inter alia, circumstances where:

• - the credit institution or financial institution is beneficially owned by individuals whose integrity is in doubt due to ML/TF concerns; or
• - the credit institution’s or financial institution’s internal control framework is deficient which has an impact on the credit institution’s or financial institution’s residual risk rating; or
• - the credit institution or financial institution has introduced significant changes to its products or services, or may have combined those changes with changes in delivery channels, its customer base or different geographic areas where the services or products are delivered. When assessing these points, competent authorities should take into account suitability assessments made under the prudential frameworks, in particular, where applicable, assessments in relation to the suitability of members of the management body and of the heads of internal control functions, including those assessments made under the joint ESMA and EBA ‘ fit and p roper’ guidelines⁴ and the EBA Guidelines on internal governance⁵ . In the case of crypto-asset service providers, competent authorities should consider applying Sections 1, 2, 3 and 5 of Title II, Section 6 of Title III, Sections 8 and 9 of Title IV and Title V of the EBA Guidelines on internal governance for investment firms⁶ for AML/CFT purposes⁷ .
•  O 4.1.4 Cooperation

⁴ 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/2021/06.

⁵ The E BA’s Guidelines on internal governance under Directive 2013/36/EU, EBA/GL/2021/05.

⁶ The E BA’s Guidelines on internal governance under Directive (EU) 2019/2034, EBA/GL/2021/14.

⁷ This is without prejudice to Article 68 of Regulation (EU) 2023/1114 (MiCA) regarding governance arrangements for crypto-asset service providers.

1. Přehled

1.1 Odkazy

1.2 Identifikované požadavky

1.3 Související standardy

2. Identifikované požadavky

3. Související standardy

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