Subject matter and scope of application

These guidelines specify the role, tasks and responsibilities of the AML/CFT compliance officer, the management body and senior manager in charge of AML/CFT compliance as well as internal policies, controls and procedures, as referred to in Article 8, and Article 45 and Article 46 of Directive (EU) 2015/849.

These guidelines apply to credit or financial institutions as defined in Article 3(1) and 3(2) of Directive (EU) 2015/849. These guidelines apply to all existing management body structures, irrespective of the board structure used (a unitary and/or a dual board structure and/or another structure) across Member States.

T he terms ‘management body in its management function’ and ‘management body in its supervisory function’ are used throughout these guidelines without referring to any governance structure, and references to the management (executive) or supervisory (non-executive) function should be understood as applying to the bodies or members of the management body responsible for that function in accordance with national law. National company law may contain specific provisions regarding the management body and these guidelines apply without prejudice to these provisions.