Article 5
Information on the members of the management body
1. An applicant seeking authorisation to operate an APA or an ARM pursuant to Article 27d 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:
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(a) |
name, date and place of birth, personal national identification number or an equivalent thereof, address and contact details; |
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(b) |
the position for which that member is or will be appointed; |
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(c) |
a curriculum vitae evidencing sufficient experience and knowledge to adequately perform the conferred responsibilities; |
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(d) |
proof of the absence of criminal records relating to money laundering, terrorist financing, provision of financial 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 or, where relevant, the national competent authority, 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 or data services or in relation to acts of fraud or embezzlement; |
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(e) |
a self-declaration of good repute and the authorisation to ESMA or, where relevant, the national competent authority, to request information about whether that member:
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(f) |
an indication of the minimum time that is to be devoted to the performance of the member’s functions within the APA or ARM; |
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(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 APAs and ARMs. An APA or ARM shall notify electronically to ESMA, or, where relevant, its national competent authority of 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. An APA or an ARM 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. An APA or an ARM shall keep that information up-to-date.
4. An APA or an ARM 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, an APA or an ARM 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 or, where relevant, the national competent authority 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.