Updated 10/12/2025
In force

Initial Legal Act
Amendments
Search within this legal act

Article 19 - Delegated Regulation 2025/1143

Article 19

Information on the members of the management body

(Articles 27da(2), point (d) and 27f(2) of Regulation (EU) No 600/2014)

1.   An applicant seeking authorisation to operate a CT pursuant to Article 27db of Regulation (EU) No 600/2014 shall include in its application for authorisation the following information in respect of each member of the management body:

(a)

name, date and place of birth, personal national identification number or an equivalent thereof, address and contact details;

(b)

the position for which that member is or will be appointed;

(c)

a curriculum vitae evidencing sufficient experience and knowledge to adequately perform the conferred responsibilities;

(d)

proof of the absence of criminal records relating to money laundering, terrorist financing, provision of financial services or data services, acts of fraud or embezzlement, notably through an official certificate, or, where such a certificate is not available in the relevant Member State, a self-declaration of good repute and the authorisation to ESMA to request information about whether that member has been convicted of a criminal offence in connection with money laundering, terrorist financing, the provision of financial services or data services or in relation to acts of fraud or embezzlement;

(e)

a self-declaration of good repute and the authorisation to ESMA to request information about whether that member:

(i)

has been subject to an adverse decision in any proceedings of disciplinary nature brought by a regulatory authority or government body;

(ii)

has been subject to an adverse judicial finding in civil proceedings before a court in connection with the provision of financial or data services, or for misconduct or fraud in the management of a business;

(iii)

has been part of the management body of an undertaking which was subject to an adverse decision or penalty by a regulatory authority or whose registration or authorisation was withdrawn by a regulatory authority;

(iv)

has been refused the right to carry on activities which require registration or authorisation by a regulatory authority;

(v)

has been otherwise fined, suspended, disqualified, or been subject to any other sanction in relation to fraud, embezzlement or in connection with the provision of financial or data services, by a professional body;

(vi)

has been disqualified from acting as a director, disqualified from acting in any managerial capacity, dismissed from employment or other appointment in an undertaking as a consequence of misconduct or malpractice;

(f)

an indication of the minimum time that is to be devoted to the performance of the member’s functions within the CTP;

(g)

a declaration of any potential conflicts of interest that may exist or arise in performing the duties and how those conflicts are managed.

2.   The information set out in paragraph 1 shall also be included in the notifications referred to in Article 27f(2) of Regulation (EU) No 600/2014 as regards CTPs. A CTP shall notify electronically to ESMA any change to the membership of its management body before such change takes effect.

Where, for substantiated reasons, it is not possible to make the notification before that change takes effect, it shall be made within 10 working days after the change has occurred.

3.   A CTP shall record the information set out in paragraph 1 in a medium which enables its storage in a way that ensures that the information is accessible for future reference and which allows for the unchanged reproduction of the information stored. A CTP shall keep that information up-to-date.

4.   A CTP shall keep the information set out in paragraph 1, points (d) and (e), for no longer than five years after the concerned member has ceased to perform its function.

5.   Where the proof referred to in paragraph 1, point (d), contains information on other criminal convictions than those listed in that provision, a CTP shall ensure that only persons responsible for the assessment of the suitability of the members of the management body have access to that information. That information shall be stored separately from other information regarding a member of the management body. Access to that information shall be recorded. That information shall not be stored where it concerns candidate members of the management body that have not been appointed.

6.   ESMA shall keep the information set out in paragraph 1, points (d) and (e), for no longer than five years after the concerned member of the management body has ceased to perform its function.