In this act Article 9 of 28
Article 9 — Senior management and members of the Board
Financial servicesLevel 2RTSEMIRIn forceOfficial source
9(1)Copy link
1.An application for registration as a trade repository shall contain the following information in respect of each member of the senior management and each member of the Board:
9(1)(b)
(b)detailed information on the knowledge and experience in IT management, operations and development;
Copy link9(1)(c)
(c)details regarding any criminal convictions in connection with the provision of financial or data services or in relation to acts of fraud or embezzlement, in particular in the form of an official certificate if available within the relevant Member State;
Copy link9(1)(d)
(d)a self-declaration of good repute in relation to the provision of a financial or data service, where each member of the senior management and the board states whether they:
Copy link9(1)(d)(i)
(i)have been convicted of any criminal offence in connection with the provision of financial or data services or in relation to acts of fraud or embezzlement;
Copy link9(1)(d)(ii)
(ii)have been subject to an adverse decision in any proceedings of a disciplinary nature brought by a regulatory authority or government bodies or agencies or are the subject of any such proceedings which are not concluded;
Copy link9(1)(d)(iii)
(iii)have been subject to an adverse judicial finding in civil proceedings before a court in connection with the provision of financial or data services, or for impropriety or fraud in the management of a business;
Copy link9(1)(d)(iv)
(iv)have been part of the board or senior management of an undertaking whose registration or authorisation was withdrawn by a regulatory body;
Copy link9(1)(d)(v)
(v)have been refused the right to carry on activities which require registration or authorisation by a regulatory body;
Copy link9(1)(d)(vi)
(vi)have been part of the board or senior management of an undertaking which has gone into insolvency or liquidation while this person was connected to the undertaking or within a year of the person ceasing to be connected to the undertaking;
Copy link9(1)(d)(vii)
(vii)have been part of the board or senior management of an undertaking which was subject to an adverse decision or penalty by a regulatory body;
Copy link9(1)(d)(viii)
(viii)have been otherwise fined, suspended, disqualified, or been subject to any other sanction in relation to fraud, embezzlement or in connection with the provision of financial or data services, by a government, regulatory or professional body;
Copy link9(1)(d)(ix)
(ix)have been disqualified from acting as a director, disqualified from acting in any managerial capacity, dismissed from employment or other appointment in an undertaking as a consequence of misconduct or malpractice;
Copy link9(1)(e)
(e)a declaration of any potential conflicts of interests that the senior management and the members of the board may have in performing their duties and how these conflicts are managed.
Copy linkSECTION 4 — Staffing and remuneration