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European Insurance and Occupational Pensions Authority

Fit and proper requirements for shareholders or members with a qualifying holding

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TITLE I > CHAPTER 15 > SECTION 3

Article number:  323

1. The assessment of whether the shareholders or members having a qualifying holding within the meaning of Article 13(21) of Directive 2009/138/EC in a special purpose vehicle are fit and proper shall take into account all of the following criteria:

(a) the reputation and integrity of the shareholder or member having a qualifying holding in the special purpose vehicle;

(b) the financial soundness of the shareholder or member having a qualifying holding in the special purpose vehicle;

(c) the level of influence that the shareholder or member having a qualifying holding in the special purpose vehicle will exercise over the special purpose vehicle;

(d) whether there are reasonable grounds to suspect that, in connection with the qualifying holding of the shareholder or members having a qualifying holding in the special purpose vehicle, money laundering or terrorist financing within the meaning of Article 1 of Directive 2005/60/EC of the European Parliament and of the Council ( 1 ) is being or has been committed or attempted, or that the qualifying holding could increase the risk thereof.

2. Special purpose vehicles shall notify the supervisory authorities of the identity of the persons who are shareholders or members having a qualifying holding in the special purpose vehicle.

Metadata

RULEBOOK TOPIC:  SECTION 3 - System of governance

RULEBOOK CATEGORY:  DELEGATED REGULATION (EU) 2015/35

Last update on:  16 Apr 2024