+Guidelines on the assessment of adequate knowledge and experience of the management or administrative organ of credit servicers (EBA/GL/2023/09)
---+3.1. Compliance and reporting obligations
------+Status of these Guidelines
---------+1. This document contains Guidelines issued pursuant to Article 16 of Regulation (EU) No 1093/2010 …
---------+2. Guidelines set the EBA view of appropriate supervisory practices within the European System of …
------+Reporting requirements
---------+3. According to Article 16(3) of Regulation (EU) No 1093/2010, competent authorities must notify …
---------+4. Notifications will be published on the EBA website, in line with Article 16(3).
---+3.2. Subject matter, scope and definitions
------+Subject matter
---------+5. These Guidelines specify the requirements under Article 5(1)(c) of Directive (EU) 2021/2167 of …
------+Addressees
---------+6. These Guidelines are addressed to: a. competent authorities as defined in Article 4(2) of …
------+Scope of application
---------+7. The Guidelines apply to all credit servicers of a creditor’s right under a non-performing credit …
---------+8. The Guidelines apply with regard to the assessment of the adequate knowledge and experience of …
---------+9. Credit servicers should comply with the Guidelines. Competent authorities should ensure that …
------+Definitions
---------+10. Unless otherwise specified, terms used and defined in Directive (EU) 2021/2167 have the same …
---+3.3. Implementation
------+Date of application
---------+11. These Guidelines apply from 27.06.2024.
---+3.4. Guidelines on the assessment of adequate knowledge and experience of the management or administrative organ, as a whole
------+1 Application of the proportionality principle
---------+12. Credit servicers should take into account their size, their internal organisation and the …
---------+13. For the purpose of applying the principle of proportionality and in order to ensure the …
------+2 Credit servicers ’ assessment of the adequate knowledge and experience of members of the management or administrative organ
---------+14. Credit servicers should ensure that their management or administrative organ, as a whole …
---------+15. Credit servicers, including firms that apply for authorisation under Title II, Chapter I of …
---------+16. The knowledge and experience assessments of the members of the management or administrative …
---------+17. By way of derogation of paragraph 16, the collective suitability assessments may, without …
---------+18. The assessment of adequate knowledge and experience should take into account all matters …
---------+19. Credit servicers should take into account the knowledge and experience of the individual member …
---------+20. Credit servicers should document the results of their assessment, and in particular any …
---------+21. The assessment of the initial and ongoing individual and collective adequate knowledge and …
---------+22. To ensure appropriate ongoing supervision, credit servicers should inform the competent …
---------+23. When the competent authorities have carried out an assessment of the knowledge and experience …
------+3 Individual members ’ adequate knowledge and experience criteria
---------+24. When assessing the adequate knowledge and experience of the management body, as a whole, the …
---------+25. Members of the management or administrative organ should have an up-to-date understanding of …
---------+26. Members of the management or administrative organ should have a clear understanding of the …
---------+27. Members of the management or administrative organ should be able to contribute to the …
---------+28. The assessment of adequate knowledge and experience should consider: a. the role and duties of …
---------+29. The level and profile of the education of the member and whether or not it relates to banking …
---------+30. The assessment should not be limited to the educational degree of the member or proof of a …
---------+31. When assessing the adequate knowledge and experience of a member, consideration should be given …
---------+32. When assessing the adequate knowledge and experience of a member, consideration should also be …
---------+33. When assessing the practical and professional experience gained from previous positions …
---------+34. Where applicable, members of the management or administrative organ in its supervisory function …
------+4 Collective adequate knowledge and experience criteria
---------+35. The management or administrative organ, as a whole, should have adequate knowledge and …
---------+36. The composition of the management or administrative organ should reflect the adequate knowledge …
---------+37. The management or administrative organ, as a whole, should have adequate knowledge and …
---------+38. When assessing the collective adequate knowledge and experience of the management or …
------+5 Assessment of knowledge and experience of individual members
---------+39. As part of the assessment of the management or administrative organ ’s suitability, credit …
---------+40. Credit servicers should document a description of the position of the member for which an …
------+6 Assessment of the collective adequate knowledge and experience of the management or administrative organ
---------+41. Where applicable, in assessing the collective adequate knowledge and experience, credit …
---------+42. Credit servicers should perform an assessment using their own appropriate methodology in line …
---------+43. When assessing a member`s knowledge and experience, credit servicers should, within the same …
------+7 Credit servicers ’ corrective measures
---------+44. If a credit servicer’s assessment or reassessment concludes that the management or …
---------+45. Appropriate corrective measures may include, but are not limited to: adjusting responsibilities …
---------+46. If a credit servicer ’s assessment or reassessment identifies easily remediable shortcomings in …
---------+47. When a credit servicer intends to request the authorisation to commence its activities, such …
---------+48. In any case, competent authorities should be informed without delay of any material …
------+8 Assessment by competent authorities
---------+49. Competent authorities should specify the supervisory procedures applicable to the assessment of …
---------+50. Supervisory procedures should ensure that information made available to competent authorities …
---------+51. Competent authorities should require from the credit servicer a list of the names of the …
---------+52. For the assessment of knowledge and experience, the competent authority should at least require …
---------+53. For the assessment of the good repute of members, the competent authority should require …
---------+54. Without prejudice to Article 5(1)(c) of Directive (EU) 2021/2167 specifying the assessment of …
---------+55. Competent authorities should inform credit servicers of at least a negative decision on the …
---------+56. Competent authorities should ensure that their supervisory procedures allow them to address …
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Guidelines on the assessment of adequate knowledge and experience of the management or administrative organ of credit servicers (EBA/GL/2023/09)

Guidelines on the assessment of adequate knowledge and experience of the management or administrative organ of credit servicers (EBA/GL/2023/09)

https://www.eba.europa.eu/activities/single-rulebook/regulatory-activities/internal-governance/guidelines-assessment-adequate-knowledge-and-experience-management-or-administrative-organ-credit – PDF

1. Overview

,
3.1. Compliance and reporting obligations

3.1. Compliance and reporting obligations
3.2. Subject matter, scope and definitions

3.2. Subject matter, scope and definitions
3.3. Implementation

3.3. Implementation
3.4. Guidelines on the assessment of adequate knowledge and experience of the management or administrative organ, as a whole

3.4. Guidelines on the assessment of adequate knowledge and experience of the management or administrative organ, as a whole

1.1 References

1.2 Identified Requirements

1.3 Related Standards

2. Identified Requirements

Requirements

3. Related Standards

Standards
  • EBA - Published by the European Banking Authority at https://www.eba.europa.eu/