+Joint Committee Guidelines on the system for the exchange of information relevant to fit and proper assessments (JC 2024 88)
---+3. Joint Guidelines on the system established by the European Supervisory Authorities for the exchange of information relevant to the assessment of the fitness and propriety of holders of qualifying holdings, directors and key function holders of financial institutions and financial market participants by competent authorities
------+Status of these joint Guidelines
------+Reporting requirements
------+Title I – Subject matter, scope and definitions
---------+1. These Guidelines clarify the use of the ESAs Information System by competent authorities and the …
---------+2. These Guidelines are addressed to competent authorities referred to in Articles 4(2) of …
---------+3. Terms used and defined in legal acts referred to in Article 1(2) of Regulation (EU) 1093/2010 …
------+Title II – Use of the ESAs Information System
---------+4. For the purpose of the assessments of the fitness and propriety of persons of interest in …
---------+5. Competent authorities that make an assessment of the fitness and propriety of a person of …
---------+6. Where there is an additional or a new assessment of an already assessed person of interest, a …
---------+7. The data to be supplied to the ESAs Information System should include with regard to the person …
---------+7.1. natural person:
---------+7.2. legal person:
---------+7.3. for a natural person and legal person:
------------+8. The information entered in the ESAs Information System under paragraph 7 will be kept in the …
------------+9. Competent authorities should designate contact points for receiving and responding to requests …
------------+10. Competent authorities should keep the lists of contact points, including functional e-mail …
------------+11. Before a competent authority makes an assessment of the fitness and propriety of a person of …
------+Title III – Information exchange and cooperation between the competent authorities using the ESAs Information System
---------+12. Where the ESAs Information System search indicates that relevant information for the purpose of …
---------+13. The requesting authority should set out the reason for the request, the information requested …
---------+15. The actual exchange of underlying information that is relevant for the assessment of the …
---------+16. The requested authority should, in accordance with the principle of sincere cooperation set out …
---------+17. The requested authority should not provide the information requested where confidentiality or …
---------+18. Where the exchange of information is impossible in accordance with paragraph 17, the requested …
---------+19. The requested authority may ask for clarifications from the requesting authority regarding the …
---------+20. Competent authorities should treat all information received in accordance with these Guidelines …
------+Title IV – Final provisions and implementation
---------+21. These Guidelines apply from 17 . 02 . 2025, with the exception of: a. paragraphs 4, 11, 12, 13 …
---------+22. Competent authorities should include available historical data on natural persons for the last …
---------+23. When single data points for the natural person, e.g. date or place of birth, specified under …
---------+24. Competent authorities should include available historical data on legal persons for the last …
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Joint Committee Guidelines on the system for the exchange of information relevant to fit and proper assessments (JC 2024 88)

Joint Committee Guidelines on the system for the exchange of information relevant to fit and proper assessments (JC 2024 88)

https://www.eba.europa.eu/activities/single-rulebook/regulatory-activities/internal-governance/joint-committee-guidelines-system-exchange-information-relevant-fit-and-proper-assessments – PDF

1. Overview

,
3. Joint Guidelines on the system established by the European Supervisory Authorities for the exchange of information relevant to the assessment of the fitness and propriety of holders of qualifying holdings, directors and key function holders of financial institutions and financial market participants by competent authorities

3. Joint Guidelines on the system established by the European Supervisory Authorities for the exchange of information relevant to the assessment of the fitness and propriety of holders of qualifying holdings, directors and key function holders of financial institutions and financial market participants by competent authorities

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/