Documentation elements for initial appointments
The following information and/or accompanying documents are required to be submitted to the competent authorities for each requested suitability assessment.
Personal details and details on the institution and the function concerned
1.1 Personal individual details including full name, name at birth if different, gender, place and date of birth, address and contact details, nationality, and personal identification number or copy of ID card or equivalent.
1.2 Details of the position for which the assessment is sought, whether or not the management body position is executive or non-executive, or if the position is for a key function holder. This should also include the following details:
the letter of appointment, contract, offer of employment or drafts thereof, as applicable;
any associated board minutes or suitability assessment report/document;
the planned start date and duration of mandate;
the expected time commitment for the position as accepted by the individual;
description of the individual’s key duties and responsibilities;
if the person is replacing someone, the name of this person.
1.3 A list of reference persons including contact information, preferably for employers in the banking or financial sector, including full name, institution, position, telephone number, email address, nature of the professional relationship and whether or not any non-professional relationship exists or existed with this individual.
Suitability assessment by institution
2.1 The following details should be provided:
details of the result of any assessment of the suitability of the individual performed by the institution, such as relevant board minutes or suitability assessment report/documents that include the reasoning for the result of the assessment made;
whether or not the institution is significant as defined in the Guidelines; and
the contact person within the institution.
Knowledge, skills and experience
3.1 Curriculum vitae containing details of education and professional experience (including professional experience, academic qualifications and other relevant training), including the name and nature of all organisations for which the individual has worked and the nature and duration of the functions performed, in particular highlighting any activities within the scope of the position sought (banking and/or management experience).
3.2 The information to be provided should include a statement from the institution of whether or not the individual has been assessed as having the requisite experience as enumerated in these Guidelines and, if not, details of the training plan imposed, including the content, the provider and the date by which the training plan will be completed.
Reputation, honesty, integrity
4.1 Criminal records and relevant information on criminal investigations and proceedings, relevant civil and administrative cases, and disciplinary actions (including disqualification as a company director, bankruptcy, insolvency and similar procedures) especially through an official certificate or any reliable source of information concerning the absence of criminal conviction, investigations and proceedings (e.g. third-party investigation, testimony made by a lawyer or a notary established in the EU).
4.2 Statement of whether or not criminal proceedings are pending or whether or not the person or any organisation managed by him or her has been involved as a debtor in insolvency proceedings or a comparable proceeding.
4.3 Information concerning the following:
investigations, enforcement proceedings, or sanctions by a supervisory authority in which the individual has been directly or indirectly involved;
refusal of registration, authorisation, membership or a licence to carry out a trade, business or profession; or the withdrawal, revocation or termination of registration, authorisation, membership or a licence; or expulsion by a regulatory or government body or by a professional body or association;
dismissal from employment or a position of trust, fiduciary relationship, or similar situation, or having been asked to resign from employment in such a position (excluding redundancies);
whether or not an assessment of reputation of the individual as an acquirer or a person who directs the business of an institution has already been conducted by another competent authority (including the identity of that authority, the date of the assessment and evidence of the outcome of this assessment) and the consent of the individual where required to seek such information to be able to process and use the provided information for the suitability assessment; and
whether or not any previous assessment of the individual by an authority from another, non-financial, sector has already been conducted (including the identity of that authority and evidence of the outcome of this assessment).
Financial and non-financial interests
5.1 All financial and non-financial interests that could create potential conflicts of interest should be disclosed, including but not limited to:
description of any financial (e.g. loans, shareholdings) and non-financial interests or relationships (e.g. close relations such as a spouse, registered partner, cohabitant, child, parent or other relation with whom the person shares living accommodation) between the individual and his or her close relatives (or any company that the individual is closely connected with) and the institution, its parent or subsidiaries, or any person holding a qualifying holding in such an institution, including any members of those institutions or key function holders;
whether or not the individual conducts any business or has any commercial relationship (or has had over the past two years) with any of the above listed institutions or persons or is involved in any legal proceedings with those institutions or persons;
whether or not the individual and his or her close relatives have any competing interests with the institution, its parent or subsidiaries;
whether or not the individual is being proposed on behalf of any one significant shareholder;
any financial obligations to the institution, its parent or its subsidiaries (excluding performing mortgages negotiated at arm’s length); and
any positions of political influence (nationally or locally) held over the past two years.
5.2 If a material conflict of interest is identified, the institution should provide a statement on how this conflict has been satisfactorily mitigated or remedied including a reference to the relevant parts of the institution’s conflict of interest policy or any bespoke conflict management or mitigation arrangements.
Time commitment
6.1 All relevant and necessary details should be provided to show that the individual has sufficient time to commit to the mandate including:
information about the minimum time that will be devoted to the performance of the person’s functions within the institution (annual and monthly indications);
a list of the predominantly commercial mandates that the individual holds including whether or not the privileged counting rules(37) in Article 91(4) of CRD apply;
where the privileged counting rules apply, an explanation of any synergies that exist between the companies;
a list of those mandates which are pursuing predominantly non-commercial activities or are set up for the sole purposes of managing the economic interests of the individual;
the size of the companies or organisations where those mandates are held including for example, total assets, whether or not the company is listed, and number of employees;
a list of any additional responsibilities associated with those mandates (such as the chair of a committee);
estimated time in days per year dedicated to each mandate; and
number of meetings per year dedicated to each mandate.
Collective knowledge, skills and experience
7.1 The institution should provide a list of the names of the members of the management body and their respective roles and functions in brief.
7.2 The institution should provide a statement regarding its overall assessment of the collective suitability of the management body as a whole, including a statement on how the individual is to be situated in the overall suitability of the management body (i.e. following an assessment using the suitability matrix in Annex I or another method chosen by the institution or required by the relevant competent authority). This should include a description of how the overall composition of the management body reflects an adequately broad range of experience and the identification of any gaps or weaknesses and the measures imposed to address these.
Any and all other relevant information should be submitted as part of the application.