NBB’s standard forms

Assessments of suitability carried out by the NBB/ECB are based firstly on all of the information which must be sent by the institutions and persons who are to be assessed, and the NBB has designed a standard form for this purpose. This form allows financial institutions to inform and document the NBB/ECB, consistently and uniformly, about the expertise and professional integrity of persons who fall within the scope of the law.

When a standard form needs to be signed “by the institution in question”, this should be understood as follows, subject to the provisions of the articles of association as regards representation of the statutory governing body:

  • if the form concerns the chairman of the management body, it must be signed by two other non-executive directors;
  • if the form concerns a member of the management committee or a responsible person of an independent control function, it must be signed by the chairman of the management body and the chairman of the management committee;
  • if the form concerns the chairman of the management committee, it must be signed by the chairman of the management body;
  • if the form concerns another member of the management body, it must be signed by the chairman of the management body.

5.1 The taking up of the position

The first standard form concerns the taking up of a new position. It must be remembered that a change of position is also covered here.

The NBB has drawn up a specific standard form for each type of institution (Insurance and reinsurance, Bank "SI", Bank "LSI", and "other legal statuses"), which includes both the section on fitness and the section on propriety and must be signed by both the institution and the person in question. It is annexed to this handbook (see FORM 1 “NEW APPOINTMENT”).

It should be stressed that the NBB will not start an assessment until it has received the duly completed standard form, which must be signed by both the person in question and the institution.

5.2 New elements about the fitness and propriety of a person who already holds a position

Any new elements which might have an impact upon the fitness and propriety of a person subject to a suitability assessment must be sent to the supervisory authority without delay. The NBB provides a standard form for communicating such information (see FORM 3 “NEW ELEMENTS”), which must be signed by both the person in question and the institution.

5.3 Leaving a position

When a person leaves a position which requires a suitability assessment, the NBB wishes to receive some information about this. In this case a standard form must also be used (see FORM 2EXIT”), which must be signed by the institution.

In the event of the replacement of a person subject to a suitability assessment, two forms must be filled in: one concerning the person who is leaving the position (FORM 2 EXIT”) and another concerning the person who wishes to take over in the position in question (FORM 1 “NEW APPOINTMENT”).

5.4 Reappointment

When an institution wishes to reappoint a person to a position which requires a suitability assessment, a standard form also needs to be filled in (see FORM 4 “REAPPOINTMENT”), which must be signed by both the person in question and the institution.

Annexes