6.3 Suitability assessment of members of the management body and key function holders

When assessing or re-assessing the suitability of members of the management body and key function holders, prudential supervisors should, where deemed necessary, cooperate and exchange information with the relevant AML/CFT supervisors for the purpose of their assessment, in particular, with regards to the assessment of whether there are reasonable grounds to suspect that money laundering or terrorist financing is being or has been committed or attempted, or there is increased risk thereof in connection with that institution. Prudential supervisors should, where deemed necessary, request information from the relevant AML/CFT supervisors for the purpose of their assessment in accordance with the 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/EU²⁵ .

²⁵ 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).

Where a prudential supervisor decides that a member of the management body or key function holder is not suitable based on relevant facts in the context of ML/TF risks or events, the prudential supervisor should share their findings and decisions with the relevant AML/CFT supervisor and with the financial intelligence unit.

AML/CFT supervisors

AML/CFT supervisors should, upon request from the prudential supervisor, share all relevant information available to them to inform the assessment and re-assessment of the suitability of members of the management body, and key function holders. Where appropriate, the AML/CFT supervisor should also seek information from the financial intelligence unit as part of this, unless such information is already available to the prudential supervisor or has been requested from the financial intelligence unit by the prudential supervisor.

AML/CFT supervisors should on their own initiative share with prudential supervisors information that is considered relevant for the assessment or re-assessment of the suitability of members of the management body and key function holders where new or previously unknown facts related to ML/TF arise.

Information requested in the context of suitability assessments should be provided without undue delay in view of the short legal timeframe for such assessments by the prudential supervisor.