2.8 Suitability assessment in the context of resolution

2:180 The suitability of persons newly appointed to the statutory governing body of an institution in the context of resolution in accordance with Articles 27 and 28 and 34(1)(c) of BRRD[1] should be assessed by the supervisor of the institution in accordance with the assessment criteria set out in this chapter.

2:181 Resolution authorities must promptly notify the supervisor of any new appointment of one or more members to the institution's statutory governing body. When appointing members of the statutory governing body in accordance with Article 34(1)(c) under the resolution powers referred to in Article 63(1)(l) of BRRD, resolution authorities must provide the supervisor as soon as possible with the necessary documents to enable it to carry out a suitability assessment.

2:182 Given the urgency of the situation, the supervisor carries out the suitability assessment after the member of the statutory governing body has taken office and without undue delay, if possible within one month from the date on which it was notified of the appointment. The supervisor informs the resolution authority of the outcome of the assessment.

2:183 Where a special manager is appointed by the resolution authority in the context of a resolution procedure and entrusted with tasks exclusively related to the implementation of resolution measures according to Article 35 of BRRD, for a temporary mandate that does not exceed the duration of the resolution procedure, this person is not subject to the suitability assessment.

[1] Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms.