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Banking Rule Book
Text applicable on 7 Oct 2026Consolidated version of 31 Dec 2021In forceUnofficial text · authentic on EBA (PDF) (opens in a new tab)

GL-SUIT Section 4, Title IX — as applicable on 7 Oct 2026 (version of 31 Dec 2021)

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 the exchange of information regarding suitability assessments of members of the management body and their replacement in line with Articles 27, 28 and 34(1)(c), having also regard to Article 81(2) of BRRD according to which competent authorities should inform the resolution authorities of the removal of one or more members of the management body and the appointment of one or more members of the management body under Articles 27 and 28 of BRRD.

204.

As part of the above procedures, it should be ensured that the suitability of newly appointed members of the management body and the management body as a collective body where relevant as referred to in Articles 27, 28 and Article 34(1)(c) of BRRD are assessed by competent authorities in line with the criteria of Title III.

205.

The procedures should ensure that the resolution authorities notify competent authorities without delay of any new appointment of one or more members of the management body. When appointing members of the management body in accordance with Article 34(1)(c) under the resolution powers provided under Article 63(1)(l) of BRRD, resolution authorities should provide competent authorities as soon as possible with the required documents to enable them to perform a suitability assessment.

206.

When new members of the management body are appointed under Article 27, Article 28 or Article 34(1)(c) of BRRD, competent authorities should perform the suitability assessment after the member of the management body or the management body as a collective body has taken up their position given the emergency of the situation and make their decision on the suitability without undue delay, aiming at a time period of one month from the date they receive a notification of appointment as set out in national law (e.g. from the institution) in accordance either with Article 28 of BRRD or from the resolution authority in accordance with Article 34(1)(c) under the resolution powers provided under Article 63(1)(l) of BRRD. The competent authority should inform the resolution authority without undue delay about the assessment results.

207.

The special manager appointed by the resolution authority under resolution and assigned with tasks exclusively related to the implementation of the resolution actions according to Article 35 of BRRD with a temporary mandate not exceeding the resolution period, is not subject to the suitability assessment to be conducted by the competent authority.