3.8 Suitability assessment in the context of resolution(*)

(*) This point applies to the institutions covered by this chapter that fall within the scope of BRRD.

3:174 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 should be assessed by the NBB as competent authority of the institution in accordance with the assessment criteria set out in this chapter.

3:175 Resolution authorities must promptly notify the NBB of any new appointment of one or more members to the institution's statutory governing body. When appointing members 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 NBB as soon as possible with the necessary documents to enable it to carry out a suitability assessment.

3:176 Given the urgency of the situation, the NBB 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 NBB informs the resolution authority of the outcome of the assessment.

3:177 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.