ARTICLE
12 December 2016

EU Consultation On Assessing The Suitability Of Management

SS
Shearman & Sterling LLP

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On October 28, 2016, the EBA and ESMA launched a joint consultation on proposed Guidelines on the Assessment of the Suitability of the Members of Management Body and Key Function Holders.
United States Finance and Banking
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On October 28, 2016, the EBA and ESMA launched a joint consultation on proposed Guidelines on the Assessment of the Suitability of the Members of Management Body and Key Function Holders. The revised MiFID and the CRD require firms to assess the suitability of members of their management body. Firms subject to CRD must all assess the suitability of all key function holders that have a significant influence over the direction of the firm. The proposed Guidelines provide criteria for assessing the individual and collective knowledge, skills, experience, reputation, honesty, integrity and independence of members of the management body. The proposed Guidelines also include a framework for assessing whether individual members of management commit sufficient time to performing their duties, set out how diversity should be taken into account in the selection process for members of the management body and provide for appropriate financial and human resources to be allocated to induction and training.

The consultation paper is available at: http://www.eba.europa.eu/documents/10180/1639842/Consultation+Paper+on
+Joint+ESMA+EBA+Guidelines+on+suitability+of+management+body+%28EBA-CP-2016-17%29.pdf
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