Updated 18/09/2024
In force

Initial Legal Act
Amendments
Search within this legal act

Article 3 - Qualitative criteria

Article 3

Qualitative criteria

Staff members shall be deemed to have a material impact on an investment firm’s risk profile or that of the assets it manages where one or more of the following qualitative criteria are met:

(a)

the staff member is a member of the management body in its management function;

(b)

the staff member is a member of the management body in its supervisory function;

(c)

the staff member is a member of the senior management;

(d)

in investment firms with a total balance sheet equal to or more than EUR 100 million, staff members with managerial responsibility for business units that are providing at least one of the services that require authorisation listed under points (2) to (7) of Annex I, Section A, to Directive 2014/65/EU of the European Parliament and of the Council (7);

(e)

the staff member has managerial responsibilities for the activities of a control function;

(f)

the staff member has managerial responsibilities for the prevention of money laundering and terrorist financing;

(g)

the staff member is responsible for managing a material risk as referred to in Article 28(3) of Directive (EU) 2019/2034 within the investment firm or is a voting member of a committee responsible for managing a material risk to which the investment firm is exposed;

(h)

in an investment firm that is authorised for providing at least one of the services listed under points (2) to (7) of Annex I, Section A to Directive 2014/65/EU, the staff member is responsible for managing one of the following activities:

(i)

economic analysis;

(ii)

information technology;

(iii)

information security;

(iv)

outsourcing arrangements of critical or important functions as referred to in Article 30(1) of Commission Delegated Regulation (EU) 2017/565 (8).

(i)

the staff member meets either of the following criteria with regard to decisions for approving or vetoing the introduction of new products:

(i)

the staff member has authority to take such decisions;

(ii)

the staff member is a voting member of a committee which has authority to take such decisions.


(7)  Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014, p. 349).

(8)  Commission Delegated Regulation (EU) 2017/565 of 25 April 2016 supplementing Directive 2014/65/EU of the European Parliament and of the Council as regards organisational requirements and operating conditions for investment firms and defined terms for the purposes of that Directive (OJ L 87, 31.3.2017, p. 1).