Recital 48

(48) In order to ensure legal certainty and predictability for the entities, it is necessary to establish procedural rules for verifying the suitability of members of the management body and key function holders of large institutions by competent authorities. Such procedural rules should enable competent authorities to request any additional information, where necessary, including through documentation, interviews and hearings. Information and documents that are necessary for the suitability assessment by the competent authorities, including in the context of the suitability application to be provided before a prospective member takes up a position (the ‘ex ante suitability application’) by large institutions for members of the management body in its management function or the chair of the management body in its supervisory function, should be made available to the competent authorities by means determined by the competent authorities. Competent authorities should reassess a member’s suitability where the relevant information concerning that member’s suitability has changed. Competent authorities should not be required to reassess the suitability of the members of the management body when their mandate is renewed, unless relevant information that is known to competent authorities has changed and such change may affect the suitability of the member concerned. Competent authorities should have the power to take the necessary measures if they conclude that the suitability requirements are not fulfilled. Competent authorities should be able to request the authority responsible for the supervision of anti-money laundering or counter-terrorist financing in accordance with Directive (EU) 2015/849 to consult, on a risk-sensitive basis, the relevant information concerning the members of the management body, and to have access to the central anti-money laundering and counter-terrorist financing database.

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Source: EUR-Lex CELLAR · retrieved 2026-09-04 · Text as adopted (Official Journal); later amendments are not incorporated in this text.