Article 91
1. Members of the management body shall at all times be of sufficiently good repute and possess sufficient knowledge, skills and experience to perform their duties. The overall composition of the management body shall reflect an adequately broad range of experiences. Members of the management body shall, in particular, fulfil the requirements set out in paragraphs 2 to 8.
2. All members of the management body shall commit sufficient time to perform their functions in the institution.
3. The number of directorships which may be held by a member of the management body at the same time shall take into account individual circumstances and the nature, scale and complexity of the institution's activities. Unless representing the Member State, members of the management body of an institution that is significant in terms of its size, internal organisation and the nature, the scope and the complexity of its activities shall, from 1 July 2014, not hold more than one of the following combinations of directorships at the same time:
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(a) |
one executive directorship with two non-executive directorships; |
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(b) |
four non-executive directorships. |
4. For the purposes of paragraph 3, the following shall count as a single directorship:
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(a) |
executive or non-executive directorships held within the same group; |
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(b) |
executive or non-executive directorships held within:
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5. Directorships in organisations which do not pursue predominantly commercial objectives shall not count for the purposes of paragraph 3.
6. Competent authorities may authorise members of the management body to hold one additional non-executive directorship. Competent authorities shall regularly inform EBA of such authorisations.
7. The management body shall possess adequate collective knowledge, skills and experience to be able to understand the institution's activities, including the main risks.
8. Each member of the management body shall act with honesty, integrity and independence of mind to effectively assess and challenge the decisions of the senior management where necessary and to effectively oversee and monitor management decision-making.
9. Institutions shall devote adequate human and financial resources to the induction and training of members of the management body.
10. Member States or competent authorities shall require institutions and their respective nomination committees to engage a broad set of qualities and competences when recruiting members to the management body and for that purpose to put in place a policy promoting diversity on the management body.
11. Competent authorities shall collect the information disclosed in accordance with Article 435(2)(c) of Regulation (EU) No 575/2013 and shall use it to benchmark diversity practices. The competent authorities shall provide EBA with that information. EBA shall use that information to benchmark diversity practices at Union level.
12. EBA shall issue guidelines on the following:
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(a) |
the notion of sufficient time commitment of a member of the management body to perform his functions, in relation to the individual circumstances and the nature, scale and complexity of activities of the institution; |
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(b) |
the notion of adequate collective knowledge, skills and experience of the management body as referred to in paragraph 7; |
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(c) |
the notions of honesty, integrity and independence of mind of a member of the management body as referred to in paragraph 8; |
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(d) |
the notion of adequate human and financial resources devoted to the induction and training of members of the management body as referred to in paragraph 9; |
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(e) |
the notion of diversity to be taken into account for the selection of members of the management body as referred to in paragraph 10. |
EBA shall issue those guidelines by 31 December 2015.
13. This Article shall be without prejudice to provisions on the representation of employees in the management body as provided for by national law.