6.1.1.2. Group governance memorandum

6:6 Where the firm is part of a group that falls under the supervision of the NBB, the governance memorandum drawn up for the firm may form part of the group memorandum.[1] Where it is integrated into a group memorandum, the statutory governing body of each firm subject to supervision to which the memorandum applies should approve it.

6:7 In addition to any relevant aspects relating to the subsidiaries that form part of the group, the group memorandum should cover the situation of the institution responsible for the group and of the group as such, in particular::

  1. a description of the objectives and interests of the group versus the areas of activity and interests of the subsidiaries;
  2. a description of the steering of the group and the organisation of group supervision of the subsidiaries;
  3. the concrete distribution of tasks between the institution responsible for the group and the subsidiaries, including a description of the subsidiaries’ own responsibilities;
  4. an organisational chart including all corporate bodies and/or persons bearing responsibility for administration and strategy, operational management of the group and its entities, the business lines and centralised services as well as all relevant functions for prudential purposes within the institution responsible for the group and the subsidiaries (internal audit, compliance, risk management, actuary, accounting, etc.);
  5. the policy and rules taken into consideration by the group as regards intra-group outsourcing, management of conflicting interests, etc.

 

[1] Article 21 §3, second subparagraph, of the Brokerage Supervision Act.