3. Suitability of directors, senior managers and heads of independent control functions

Statutory and regulatory framework

  1. Brokerage Supervision Act: Articles 3(64), 15, 16, 61 to 64, 83 and 98
  2. NBB regulations:
    • Royal Decree of 8 February 2022 approving the NBB Regulation of 9 November 2021 on the exercise of external functions by managers and heads of independent control functions of regulated undertakings

  3. NBB circulars:
    • Communication NBB_2022_34 of 22 December 2022 updating the Fit & Proper Manual
    • Communication NBB_2022_19 of 12 July 2022 on the exercise of external functions by managers and heads of independent control functions of regulated undertakings
    • Circular NBB_2021_27 of 16 November 2021 transposing EBA/GL/2021/06 on the assessment of the suitability of members of the management body and key function holders
    • Circular NBB_2018_25 of 18 September 2018 on the suitability of directors, members of the management committee, persons responsible for independent control functions and senior managers of financial institutions (introducing the NBB’s Fit & Proper Manual)
    • Circular NBB_2017_21 of 7 July 2017 on the extension of loans, credit and guarantees to managers, shareholders and related persons
  4. International reference documents:
    • EBA/GL/2021/14 – Guidelines on internal governance for investment firms under Directive (EU) 2019/2034
    • EBA/GL/2021/06 – Guidelines on the assessment of the suitability of members of the management body and key function holders