EBA - Consultation paper on draft Joint ESMA and EBA Guidelines on the assessment of the suitability of members of the management body and key function holders under CRD and MiFID - EBA Consultation Paper on RTS to specify the minimum content of the suitability questionnaire

EBA and ESMA launched  a consultation on the revised joint Guidelines on the assessment of the suitability of members of the management body and key function holders. In parallel, the EBA is consulting on draft Regulatory Technical Standards (RTS) specifying the documentation and information that large institutions must submit to competent authorities. Together, these elements form the Suitability Package, which aims to harmonise suitability assessments and promote supervisory convergence across the EU.

The draft revised EBA-ESMA Joint Guidelines incorporate new requirements introduced by the revised Capital Requirements Directive (CRD) for large institutions. These updates cover, among other elements, the use of ex‑ante applications in cases where competent authorities carry out ex‑post assessments, as well as mandatory suitability assessments by competent authorities for key roles such as heads of control functions and chief financial officers. The Guidelines also further specify the new CRD requirements for third‑country branches. In addition, they reinforce the link with the anti-money laundering and countering the financing of terrorism (AML-CFT) framework by providing guidance for identifying reasonable grounds to suspect money laundering or terrorist financing (ML/TF) risks.

The EBA’s draft RTS set out the documentation and information that institutions must submit to competent authorities as part of the suitability assessment. They harmonise the minimum content of the suitability questionnaire, curriculum vitae and internal suitability assessment, ensuring that submissions are consistent, complete and comparable across the EU.In addition, the revised package introduces targeted simplification and streamlining measures designed to reduce administrative burden and provide greater flexibility and clarity for institutions and supervisors.

The consultations run until 25 May 2026