+16. Unless otherwise specified, terms used and defined in Directive 2013/36/EU, Regulation (EU) …

16. Unless otherwise specified, terms used and defined in Directive 2013/36/EU, Regulation (EU) …

Unless otherwise specified, terms used and defined in Directive 2013/36/EU, Regulation (EU) 575/2013 and Directive 2014/65/EU have the same meaning in the Guidelines. In addition, for the purposes of these Guidelines, the following definitions apply:

Institutionsmeans institutions as defined in point 3 of Article 3(1) of Directive 2013/36/EU having also regard to Article 3(3) of that Directive, and investment firms as defined in Article 4(1)(1) of Directive 2014/65/EU. means institutions as defined in point 3 of Article 3(1) of Directive 2013/36/EU and having regard to Article 3(3) of
CRD institutionsthat Directive, and investment firms as defined in Article 4(1)(1) of Directive 2014/65 to which Article 2(2) of Directive 2019/2034 applies. means institutions as defined in point 3 of Article 3(1) of Directive 2013/36/EU having also regard to Article 3(3) of that Directive, and investment firms as defined in
Relevant institutionsArticle 4(1)(1) of Directive 2014/65/EU that do not meet all of the conditions for qualifying as small and non-interconnected investment firms under Article 12(1) of Regulation (EU) 2019/2033. Means CRD institutions referred to in Article 131 of Directive 2013/36/EU (global systemically important institutions (G-SIIs), and other systemically important institutions (O-SIIs), and, as appropriate, other CRD institutions determined by the competent authority or national law, based on an assessment of the institutions’
Significant CRD institutionssize and internal organisation, and the nature, scope and complexity of their activities, and for the purposes of Article 91 of Directive 2013/36/EU financial holding companies and mixed financial holding companies that meet one of the aforementioned conditions.
Listed relevant institutions andmeans relevant institutions or respectively institutions whose financial instruments are admitted to trading on
listed institutionsa regulated market as referred to in the list to be published by ESMA in accordance with Article 56 of Directive 2014/65/EU, in one or more Member States .15 means all employees of an institution and its subsidiaries within its scope of consolidation, including subsidiaries
Staffnot subject to Directive 2013/36/EU, and all members of the management body in its management function and in its supervisory function. means the degree to which an individual is deemed to have good repute and to have, individually and collectively with other individuals, adequate knowledge, skills and experience to perform his/her/their duties.
SuitabilitySuitability also covers the honesty, integrity and independence of mind of each individual and his or her ability to commit sufficient time to perform his or her duties. means a proposed or appointed member of the
Membermanagement body. means the person who is responsible for managing and
Chief executive officer (CEO)steering the overall business activities of an institution. means persons who have significant influence over the direction of the institution, but who are neither members of the management body nor the CEO. They include the heads of internal control functions and the CFO, where they are not members of the management
Key function holdersbody, and, where identified on a risk-based approach by relevant institutions, other key function holders. Other key function holders might include heads of significant business lines, European Economic Area/European Free Trade Association branches, third country subsidiaries and other internal functions. means the persons at the highest hierarchical level in charge of effectively managing the day-to-day operation
Heads of internal control functionsof the independent risk management, compliance and internal audit functions. means the person who is overall responsible for managing all of the following activities: financial
Chief financial officer (CFO)resources management, financial planning and financial reporting. means the application of the prudential rules set out in Directive 2013/36/EU and Regulation (EU) No 575/2013
Prudential consolidationon a consolidated or sub-consolidated basis, in accordance with Part 1, Title 2, Chapter 2 of Regulation (EU) No 575/2013. means an institution that is required to abide by the prudential requirements on the basis of the consolidated situation in accordance with Part One, Title II, Chapter 2
Consolidating institutionof Regulation (EU) No 575/201316 or by the prudential requirements on the basis of the consolidated situation in accordance with Article 7 of Regulation (EU) 2019/2033. means the situation whereby the characteristics of the members of the management body, including their age,
Diversitygender, geographical provenance and educational and professional background, are different to an extent that allows a variety of views within the management body. means the region where a person has gained a cultural,
Geographical provenanceeducational or professional background. means any initiative or programme to prepare a person
Inductionfor a specific new position as a member of the management body. means any initiative or programme to improve the skills,
Trainingknowledge or competence of the members of the management body, on an ongoing or ad-hoc basis. means a person who owns shares in an institution or,
Shareholderdepending on the legal form of an institution, other owners or members of the institution. means a position as a member of the management body of an institution or another legal entity. Where the
Directorshipmanagement body, depending on the legal form of the entity, is composed by a single person, this position is also counted as a directorship. means a directorship in which a person is responsible for
Non-executive directorshipoverseeing and monitoring management decision-making without executive duties within an entity. means a directorship in which a person is responsible for
Executive directorshipeffectively directing the business of an entity. means a competent authority responsible for the
AML/CFT supervisorsupervision of institutions’ compliance with provisions of Directive (EU) 2015/849.

15 Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014, p. 349).

16 See also RTS on prudential consolidation under: https://www.eba.europa.eu/sites/default/documents/files/document_library/Publications/Draft%20Technical%20Sta ndards/2021/973355/Final%20Report%20Draft%20RTS%20methods%20of%20consolidation.pdf

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