89. Without prejudice to paragraph 91, in the following situations it is presumed that a member of …

Without prejudice to paragraph 91, in the following situations it is presumed that a member of a relevant institution ’s management body in its supervisory function is regarded as not ‘ being independent ’ :

• a. the member has or has had a mandate as a member of the management body in its management function within an institution within the scope of prudential consolidation, unless he or she has not occupied such a position for the previous five years;
• b. the member is a controlling shareholder of the relevant institution, being determined by reference to the cases mentioned in Article 22(1) of Directive 2013/34/EU, or represents the interest of a controlling shareholder, including where the owner is a Member State or other public body;
• c. the member has a material financial or business relationship with the relevant institution;
• d. the member is an employee of or is otherwise associated with a controlling shareholder of the relevant institution;
• e. the member is employed by any entity within the scope of consolidation, except when both of the following conditions are met:
• i. the member does not belong to the institution ’ s highest hierarchical level, which is directly accountable to the management body;
• ii. the member has been elected to the supervisory function in the context of a system of employees ’ representation and national law provides for adequate protection against abusive dismissal and other forms of unfair treatment;
• f. the member has previously been employed in a position at the highest hierarchical level in the relevant institution or another entity within its scope of prudential consolidation, being directly accountable only to the management body, and there has not been a period of at least three years between ceasing such employment and serving on the management body;
• g. the member has been, within a period of three years, a principal of a material professional adviser, an external auditor or a material consultant to the relevant institution or another entity within the scope of prudential consolidation, or otherwise an employee materially associated with the service provided;
• h. the member is or has been, within the last year, a material supplier or material customer of the relevant institution or another entity within the scope of prudential consolidation or had another material business relationship, or is a senior officer of or is otherwise associated directly or indirectly with a material supplier, customer or commercial entity that has a material business relationship;
• i. the member receives, in addition to remuneration for his or her role and remuneration for employment in line with point (c), significant fees or other benefits from the relevant institution or another entity within its scope of prudential consolidation;
• j. the member served as a member of the management body within the entity for 12 consecutive years or longer;
• k. the member is a close family member of a member of the management body in the management function of the relevant institution or another entity in the scope of prudential consolidation or a person in a situation referred to under points (a) to (h).

1. Forbhreathnú

1.1 Tagairtí

• Article 22 1.

1.2 Ceanglais aitheanta

1.3 Caighdeáin ghaolmhara

2. Ceanglais aitheanta

3. Caighdeáin ghaolmhara

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