+4. Guidelines
---+Title I - Application of the proportionality principle
------+18. The proportionality principle aims to match governance arrangements consistently with the …
------+19. Institutions should take into account their size, their internal organisation and the nature …
------+20. All members of the management body and key function holders should, in any event, be of …
------+21. For the purpose of applying the principle of proportionality and in order to ensure the …
---+Title II – Scope of suitability assessments by institutions
---+1. The institutions ’ assessment of the individual suitability of members of the management body
------+22. Institutions should have the primary responsibility for ensuring, in accordance with Article …
------+23. The initial and ongoing assessment of the individual suitability of the members of the …
------+24. Institutions should assess, in particular, whether or not the members: a. are of sufficiently …
------+25. Where an assessment is made for a specific position, the assessment of sufficient knowledge …
------+26. Institutions should monitor on an ongoing basis the suitability of the members of the …
------+27. Institutions should also re-assess the sufficient time commitment of a member of the management …
------+28. Institutions should base their suitability assessments on the notions defined in Title III …
---+2. The institutions ’ assessment of the collective suitability of the management body
------+29. Institutions should ensure, in fulfilling the obligation set out in Article 91(7) of Directive …
------+30. Institutions should assess or re-assess the collective suitability of the management body, in …
------+31. Institutions should re-assess the collective suitability of the members of the management body …
------+32. Where re-assessments of the collective suitability are performed, institutions should focus …
------+33. Institutions should base their suitability assessments on the notions defined in Title III and …
------+34. The assessment of the initial and ongoing collective suitability of the management body is the …
---+3. The relevant institutions’ assessment of the suitability of key function holders
------+35. While all institutions should ensure that their staff are able to perform their functions …
------+36. Relevant institutions should monitor on an ongoing basis the reputation, honesty, integrity …
------+37. The assessment of the individual reputation, honesty, integrity, knowledge, skills and …
------+38. Assessing the initial and ongoing suitability of key function holders is the responsibility of …
---+Title III – Notions of suitability listed in Article 91(12) of Directive 2013/36/EU
---+4. Sufficient time commitment of a member of the management body
------+39. Institutions should assess whether or not a member of the management body is able to commit …
------+40. Members should also be able to fulfil their duties in periods of particularly increased …
------+41. In the assessment of sufficient time commitment of a member, institutions should take at least …
------+42. Institutions should record in writing the roles, duties and required capabilities of the …
------+43. A member of the management body should be made aware of the expected time commitment required …
------+44. Institutions should monitor whether the members of the management body commit sufficient time …
------+45. An institution should also consider the impact of any long-term absences of members of the …
------+46. Institutions should keep records of all external professional and political positions held by …
---+5. Calculation of the number of directorships
------+47. In addition to the requirement to commit sufficient time to performing their functions, members …
------+48. For the purposes of Article 91(3) of Directive 2013/36/EU, where a directorship involves at the …
------+49. Where multiple directorships count as a single directorship, as described in Article 91(4) of …
------+50. In accordance with Article 91(4)(a) of Directive 2013/36/EU, all directorships held within the …
------+51. In accordance with Article 91(4)(b)(ii) of Directive 2013/36/EU, all directorships held within …
------+52. When multiple institutions within the same group hold qualifying holdings, the directorships in …
------+53. Where a member of the management body holds directorships in different groups or undertakings …
------+54. Directorships held in entities which do not pursue predominantly commercial objectives must not …
------+55. Entities which do not pursue predominantly commercial objectives include among others: a. …
---+6. Adequate knowledge, skills and experience
------+56. Members of the management body should have an up-to-date understanding of the business of the …
------+57. Members of the management body should have a clear understanding of the institution’s …
------+58. Without prejudice to the national transposition of Directive 2015/849/EU, the member of the …
------+59. In this respect, the assessment of adequate knowledge, skills and experience should consider …
------+60. To properly assess the skills of the members of the management body, institutions should …
------+61. The level and profile of the education of the member and whether or not it relates to banking …
------+62. The assessment should not be limited to the educational degree of the member or proof of a …
------+63. When assessing the knowledge, skills and experience of a member of the management body …
------+64. Members of the management body in its management function should have gained sufficient …
------+65. Members of the management body in its supervisory function should be able to provide …
---+7. Collective suitability criteria
------+66. The management body should collectively be able to understand the institution's activities …
------+67. The members of the management body should collectively be able to take appropriate decisions …
------+68. Members of the management body in its supervisory function should collectively be able to …
------+69. All areas of knowledge required for the institution’s business activities should be covered by …
------+70. The composition of the management body should reflect the knowledge, skills and experience …
------+71. While the management body in its management function should collectively have a high level of …
---+8. Reputation, honesty and integrity
------+72. A member of the management body should be deemed to be of good repute and of honesty and …
------+73. Without prejudice to any fundamental rights, any relevant criminal or administrative records …
------+74. Without prejudice to the presumption of innocence applicable to criminal proceedings, and other …
------+75. Ongoing investigations should be taken into account when resulting from judicial or …
------+76. The following situations relating to the past and present business performance and financial …
------+77. A member of the management body should uphold high standards of integrity and honesty. At least …
---+9. Independence of mind and independent members
---+9.1 Interaction between independence of mind and the principle of being independent
------+78. When assessing the independence of members, institutions should differentiate between the …
------+79. Acting with ‘ independence of mind ’ is a pattern of behaviour, shown in particular during …
------+80. ‘ B eing independent’ mean s that a member of the management body in its supervisory function …
---+9.2 Independence of mind
------+81. When assessing the independence of mind as referred to in paragraph 79, institutions should …
------+82. When assessing the required behavioural skills of a member referred to in paragraph 82 (a), his …
------+83. When assessing the existence of conflicts of interest referred to in paragraph 82 (b) …
------+84. All actual and potential conflicts of interest at management body level should be adequately …
------+85. Institutions should inform competent authorities if an institution has identified a conflict of …
------+86. Being a shareholder, owner or member of an institution, a member of affiliated companies or …
---+9.3 Independent members of a relevant institution’s management body in its supervisory function
------+87. Having independent members, as referred to in paragraph 80, and non-independent members in the …
------+88. When determining the sufficient number of independent members, the principle of proportionality …
------+89. Without prejudice to paragraph 91, in the following situations it is presumed that a member of …
------+90. The mere fact of meeting one or more situations under paragraph 89 does not automatically …
------+91. For the purpose of paragraph 90 relevant institutions should consider that being a shareholder …
---+Title IV – Human and financial resources for training of members of the management body
---+10. Setting objectives of induction and training
------+92. Institutions should provide for the induction of members of the management body to facilitate …
------+93. All newly appointed members of the management body should receive key information one month …
------+94. Where appointed members of the management body are subject to fulfilling a particular aspect of …
---+11. Induction and training policy
------+95. Institutions should have in place policies and procedures for the induction and training of …
------+96. The human and financial resources provided for induction and training should be sufficient to …
------+97. The policies and procedures for induction and training may be part of an overall suitability …
------+98. In the development of the policy, the management body or the nomination committee, when …
------+99. Institutions should have in place a process to identify the areas in which training is …
------+100. The policies and procedures as well as training plans should be kept up to date, taking into …
------+101. Institutions should have an evaluation process in place to review the execution and the …
---+Title V – Diversity within the management body
---+12. Diversity policy objectives
------+102. In accordance with Article 91(10) of Directive 2013/36/EU, all institutions should have and …
------+103. The diversity policy should at least refer to the following diversity aspects: educational and …
------+104. When setting diversity objectives, institutions should consider diversity benchmarking results …
------+105. The diversity policy may include employee representation within the management body in order …
------+106. Significant CRD institutions should also document, as part of the annual review of the …
------+107. In order to facilitate an appropriately diverse pool of candidates for management body …
------+108. In order to support a diverse composition of the management body institutions should have …
---+Title VI – Suitability policy and governance arrangements
---+13. Suitability policy
------+109. According to Article 88(1) of Directive 2013/36/EU, an institution’s management body defines …
------+110. The suitability policy should include or refer to the diversity policy to ensure that …
------+111. Any changes to the suitability policy should also be approved by the management body, without …
------+112. The policy should be clear, well documented and transparent to all staff within the …
------+113. Internal control functions should provide effective input to the development of the …
------+114. The policy should include principles on the selection, monitoring and succession planning of …
------+115. Relevant institutions should also include within their suitability policy the processes for …
------+116. The management body in its supervisory function and the nomination committee where established …
---+14. Suitability policy in a group context
------+117. In accordance with Article 109(2) and (3) of Directive 2013/36/EU, the consolidating CRD …
------+118. The policy should be adjusted to the specific situation of the credit institutions that are …
------+119. The consolidating CRD institution should ensure that the suitability assessment complies with …
------+120. The consolidating CRD institution should ensure that subsidiaries established in third …
------+121. The suitability requirements of Directive 2013/36/EU and these Guidelines apply to CRD …
------+122. The management body of subsidiaries that are subject to Directive 2013/36/EU should adopt and …
---+15. Nomination committee and its tasks
------+123. Significant CRD institutions must have a nomination committee that fulfils the …
------+124. Members of the nomination committee should have adequate collective knowledge, expertise and …
------+125. Where a nomination committee is not established, the management body in its supervisory …
------+126. The nomination committee, where established, and the management body in its supervisory …
------+127. In accordance with the last subparagraph of Article 88(2) of Directive 2013/36/EU, where …
---+16. Composition of the management body and the appointment and succession of its members
------+128. Without prejudice to national company law, the management body should have an adequate number …
------+129. All members of the management body should be suitable. Without prejudice to members being …
------+130. Without prejudice to the shareholders ’ rights to appoint members, when recruiting members of …
------+131. The recruitment decision should, where possible, take into account a shortlist containing a …
------+132. The member of the management body should be aware of the culture, values, behaviours and …
------+133. Without prejudice to the shareholders’ rights to appoint and replace all members of the …
---+Title VII – Assessment of suitability by institutions
---+17. Common elements for the assessment of the individual and collective suitability of members of the management body
------+134. Unless otherwise specified in the Guidelines, the management body in its supervisory function …
------+135. By way of derogation of paragraph 134 the individual and collective suitability assessments …
------+136. The suitability assessments should take into account all matters relevant to and available for …
------+137. Where members are appointed by the g eneral shareholders’ meeting and w here the assessment of …
------+138. Where, in the duly justified cases referred to in paragraph 135, members are appointed by …
------+139. Institutions should ensure that shareholders have full access to relevant and practical …
------+140. Where some members are appointed by the management body, such assessments should be performed …
------+141. Institutions should take into account the results of the assessment of the suitability of the …
------+142. Institutions should document the results of their assessment of suitability, and in particular …
------+143. Institutions should transmit to competent authorities the outcome of the suitability …
------+144. Institutions should, at the request of the competent authorities, provide additional …
---+18. Assessment of the suitability of individual members of the management body
------+145. Institutions should require members of the management body to demonstrate their suitability by …
------+146. As part of the assessment of the suitability of an individual member of the management body …
------+147. Where there is a matter which causes concern about the suitability of a member of the …
------+148. Institutions should document a description of the position for which an assessment was …
---+19. Assessment of the collective suitability of the management body
------+149. When assessing the collective suitability of the management body, institutions should assess …
------+150. Institutions should perform an assessment of the collective suitability of the management body …
------+151. When assessing the suitability of an individual member of the management body, institutions …
------+152. When assessing the collective suitability in line with Title III (7), institutions should also …
---+20. Ongoing monitoring and re-assessment of the individual and collective suitability of the members of the management body
------+153. The ongoing monitoring of the individual or collective suitability of the members of the …
------+154. When re-assessing the individual or collective performance of the members of the management …
------+155. When a re-assessment is triggered, due consideration should be given to: a. the assigned …
------+156. Significant CRD institutions should perform a periodic suitability re-assessment at least …
------+157. The result of the re-assessment, the reason for the re-assessment and any recommendation with …
------+158. The management body in its supervisory function or, where established, the nomination …
------+159. The management body in its management function should take note of the report and decide on …
------+160. Institutions should inform the competent authority where re-assessments due to material …
------+161. Institutions should document the re-assessments, including their outcome and any measures …
------+162. In the event that the management body concludes that a member of the management body is not …
---+21. Suitability assessment of key function holders by relevant institutions
------+163. The responsible function within a relevant institution should carry out the suitability …
------+164. If a relevant institution ’s assessment concludes that a key function holder is not suitable …
------+165. Where an assessment by a competent authority is also required, relevant institutions should …
---+22. Institutions’ corrective measures
------+166. If an institution’s assessment or re -assessment concludes that a person is not suitable to be …
------+167. If an institution’s assessment or re -assessment concludes that the management body is not …
------+168. When an institution takes corrective measures it should consider the particular situation and …
------+169. Appropriate corrective measures may include, but are not limited to: adjusting …
------+170. In any case, competent authorities should be informed without delay of any material …
---+Title VIII – Suitability assessment by competent authorities
---+23. Competent authorities’ assessment procedures
------+171. Competent authorities should specify the supervisory procedures applicable to the suitability …
------+172. The suitability assessments of heads of internal control functions and the CFO, where they are …
------+173. The supervisory procedures should ensure that newly appointed members of the management body …
------+174. Competent authorities should ensure that their supervisory procedures allow them to address …
------+175. As part of the above supervisory procedures, institutions should be required to inform …
------+176. In the duly justified cases referred to in paragraph 136, institutions should be required to …
------+177. Significant CRD institutions, for which an assessment of heads of internal control functions …
------+178. Competent authorities may set out the supervisory procedures applicable to the assessment of …
------+179. Competent authorities should set out a maximum period for their assessment of suitability …
------+180. In accordance with Article 15 of Directive 2013/36/EU, where the assessment of suitability is …
------+181. Competent authorities should perform their assessment on the basis of the documentation and …
------+182. The assessment of the individual and collective suitability of the members of the management …
------+183. For significant CRD institutions, competent authorities should use interviews where …
------+184. Where appropriate, the interview process may also serve to re-assess the suitability of a …
------+185. Competent authorities may attend or conduct meetings with the institution, including with some …
------+186. A breach of a prudential or other regulatory requirement by an institution can, in some …
---+24. Decision of the competent authority
------+187. Competent authorities should take a decision based on the assessment of individual and …
------+188. In the cases referred to in paragraph 181, in accordance with the second subparagraph of …
------+189. Where an institution fails to provide sufficient information regarding the suitability of an …
------+190. Where the outcome of the assessment of suitability by the competent authority concludes that …
------+191. Competent authorities should inform institutions of at least a negative decision taken as soon …
------+192. The competent authority, considering the measures already taken by the institution, should …
------+193. The measures referred to in (a) and (c) should also be applicable in the context of the …
------+194. Where members of the management body do not fulfil the requirements set out in Article 91(1) …
---+25. Cooperation between competent authorities
------+195. Competent authorities should provide each other, while respecting the applicable data …
------+196. Competent authorities may take into consideration the results of the assessment of suitability …
------+197. Competent authorities receiving such requests should, where possible, provide relevant …
------+198. Competent authorities should take into account the information provided in the EBA and ESMA …
------+199. Where relevant, competent authorities may also request information from other competent …
------+200. Where a competent authority reaches a decision about the suitability of a person that differs …
------+201. Where a competent authority decides that a member of the management body or a head of the …
------+202. When requesting information, the competent authority making the request should provide the …
---+Title IX - Competent authorities ’ and resolution authorities ’ suitability assessment in the context of resolution
------+203. Competent authorities and resolution authorities should specify the procedures applicable to …
------+204. As part of the above procedures, it should be ensured that the suitability of newly appointed …
------+205. The procedures should ensure that the resolution authorities notify competent authorities …
------+206. When new members of the management body are appointed under Article 27, Article 28 or Article …
------+207. The special manager appointed by the resolution authority under resolution and assigned with …
|
4. Guidelines
4. Guidelines
1. Forbhreathnú
1.1 Tagairtí
1.2 Ceanglais aitheanta
1.3 Caighdeáin ghaolmhara
2. Ceanglais aitheanta
Ceanglais
| Foinse |
Ceanglas |
3. Caighdeáin ghaolmhara
Caighdeáin
| Foinse |
Ceanglas |
- EBA - Published by the European Banking Authority at https://www.eba.europa.eu/
|