+9. Internal governance
---+9.1 General criteria
------+127. Competent authorities should perform a careful and comprehensive review of the arrangements …
------+128. The CAM laid down herein aims to guide the competent authorities’ assessment of the …
------+129. For the purposes of this section, and consistently with paragraph 13, the governance …
------+130. Competent authorities should achieve a comprehensive understanding of how the credit …
------+131. Competent authorities should be satisfied that the application documents envisage …
------+132. The intensity of the competent authorities’ assessment of internal governance requirements …
------+133. The assessment should be based on the documents and information submitted by the applicant …
---+9.2 Management body
------+134. The Guidelines intend to embrace all existing board structures and do not advocate any …
------+135. Competent authorities should review the application, in particular the articles of association …
------+136. In accordance with Article 46(4) of Directive 2015/849 (AMLD), competent authorities should …
------+137. In accordance with Article 13(1), second sub-paragraph, CRD competent authorities should …
------+138. Where applicable, competent authorities should also subject to a suitability assessment the …
------+139. Such a suitability assessment should be performed in compliance with the EBA and ESMA …
---+9.3 Organisational structure
------+140. Competent authorities should verify that the credit institution’s organisational structure …
------+141. Competent authorities should carefully assess whether the submitted organisational structure – …
------+142. For the purposes of granting the authorisation or of commencing the activities as the case may …
------+143. Competent authorities should pay specific attention to avoiding the setting up of …
------+144. When the business plan envisages the setting up of structures in other jurisdictions …
------+145. Competent authorities should verify that the terms of reference of the management body …
------+146. Consistently with Article 5(1), letter c) n. (ii), fifth indent of the RTS on information for …
------+147. Competent authorities should verify that the outline of the conflicts of interest policy makes …
------+148. With regard to conflicts of interest at the institution’s level, competent authorities should …
------+149. As to conflicts of interest at the staff level, competent authorities should be satisfied that …
------+150. Competent authorities’ review of the outlines of the whistleblowing policy should ensure that …
------+151. Competent authorities should be satisfied that the outline of the policy covers the process …
------+152. Competent authorities’ review of the outline of the market abuse policy should ensure the …
------+153. Competent authorities should verify that, in line with the EBA Guidelines on product oversight …
------+154. Competent authorities’ review of the outline of the consumer protection policy should aim at …
------+155. Competent authorities’ review of the outlines of the complaints handling policy should aim at …
---+9.4 Internal control framework
------+156. Competent authorities should assess whether the applicant credit institution has an …
------+157. Competent authorities should review the application documents and be satisfied that the …
------+158. Competent authorities should achieve a clear view that the internal control framework covers …
------+159. For this purpose, competent authorities should verify that arrangements are in place to ensure …
------+160. The risk management function and the compliance function, the second line of defence, together …
------+161. To ensure that the internal control functions comply with independence requirements …
------+162. Competent authorities should verify that the heads of the internal control functions fulfil …
------+163. To ensure that internal control functions can be effectively exercised, competent authorities …
------+164. Competent authorities should be satisfied that, as part of the internal control framework, the …
------+165. Competent authorities should be satisfied that the risk management function (RMF) will …
------+166. In respect of the RMF role in the risk strategy and decision-making, competent authorities’ …
------+167. In respect of the RMF’s role in the evaluation of material changes, competent authorities …
------+168. As regards the RMF’s role in identifying, measuring, monitoring, mitigating and reporting risk …
------+169. The RMF’s role should also include the independent assessment of breaches of risk appetite or …
------+170. In respect of the outline of the remuneration policy, in addition to assessing compliance with …
------+171. In particular, they should assess whether: a) the outline of the remuneration policy is in …
------+172. Competent authorities should verify that it is envisaged that the compliance function will …
------+173. The compliance function should ensure that compliance monitoring is carried out through a …
------+174. Competent authorities should also check that the compliance function will be entrusted with …
------+175. Competent authorities should verify that an AML/CTF compliance function for compliance with …
------+176. Competent authorities should verify that the AML/CTF policy, submitted by the applicant credit …
------+177. Competent authorities should verify that the outline covers all elements set out in Article …
------+178. Competent authorities, taking into account the proportionality criteria set out in paragraphs …
------+179. For this purpose, competent authorities should assess whether the IAF has its organisational …
------+180. Competent authorities should also assess whether the IAF is entrusted with at least the …
------+181. They should also verify that the outline of the methodology and internal audit plan covering …
------+182. The outlines of the business continuity policy and plan should ensure that the applicant will …
------+183. Competent authorities should assess whether the ICT policy will provide the credit institution …
------+184. With regard to ICT and security risk , competent authorities should be satisfied that the …
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9. Internal governance
9. Internal governance
1. Overview
1.1 References
1.2 Identified Requirements
1.3 Related Standards
2. Identified Requirements
Requirements
| Source |
Requirement |
3. Related Standards
Standards
| Source |
Requirement |
- EBA - Published by the European Banking Authority at https://www.eba.europa.eu/
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