Article 6
Information about material weaknesses
Reporting authorities shall provide the EBA with all of the following information about material weaknesses:
(a) |
the type of material weakness as set out in Article 2(1); |
(b) |
the reason as to why the reporting authority considers that the weakness is material; |
(c) |
a description of the material weakness; |
(d) |
the corresponding situation in which the material weakness has occurred, as set out in Annex I; |
(e) |
the timeline of the material weakness; |
(f) |
the origin of the information on the material weakness; |
(g) |
the AML/CFT-related requirement to which the material weakness relates; |
(h) |
the type of products, services or activities for which the financial sector operator has been authorised that are affected by the material weakness; |
(i) |
whether the material weakness concerns the financial sector operator on its own, its branch, its agent or its distributor alone, as well as any cross-border impact of the material weakness; |
(j) |
whether information on the material weakness has been communicated to a college that has been established for the group to which the financial sector operator belongs; and, if not communicated yet, the reason why; |
(k) |
for the host AML/CFT authorities, whether the information on the material weakness has been communicated to the home AML/CFT authority or to the central contact point referred to in Article 45(9) of Directive (EU) 2015/849, where applicable, and, if not communicated yet, the reason why; |
(l) |
whether the material weakness appears to be inherent in the design of the product, service or activity concerned; |
(m) |
whether the material weakness appears to be linked to specific natural persons, whether a customer, a beneficial owner, a member of the management body or key function holder, including the reasons why the reporting authority considers that that natural person appears to be linked to the material weakness; |
(n) |
any contextual or background information with regard to the material weakness, where known by the reporting authority, including:
|
For the purposes of point (m), any information on natural persons shall be provided in accordance with Annex II.