EBA and ESMA launch consultation on revised suitability assessment framework for banks and investment firms

The European Banking Authority (EBA) and the European Securities and Markets Authority (ESMA) have launched a consultation on the revised joint Guidelines on the assessment of the suitability of members of the management body and key function holders. The consultation runs until 25 May 2026.

The EBA is also consulting on draft Regulatory Technical Standards (RTS) that specify the documentation and information large institutions must submit to competent authorities. These elements form the Suitability Package, aimed at harmonising suitability assessments and promoting supervisory convergence across the EU.

The revised Guidelines incorporate new requirements from the revised Capital Requirements Directive (CRD), including ex‑ante applications, mandatory suitability assessments for key roles, and guidance on third‑country branches. They also strengthen the link with anti-money laundering and countering the financing of terrorism (AML-CFT) measures by providing guidance on identifying ML/TF risks.

The draft RTS set out the minimum content for suitability questionnaires, CVs, and internal assessments to ensure consistency and comparability across the EU. The package also introduces simplification measures to reduce administrative burden and increase flexibility for institutions and supervisors.

Stakeholders are invited to submit comments via the consultation page. The deadline is 25 May 2026. Public hearings will be held on 15 April 2026: from 14:00 to 15:30 for the Guidelines, and from 15:30 to 16:30 for the RTS. Contributions will be published unless requested otherwise.

The Guidelines are developed under Articles 91(11) and 91a(8) of Directive 2013/36/EU (CRD) and Article 9 of Directive 2014/65/EU (MiFID II). They will replace the 2021 Guidelines once adopted. The RTS are based on Article 91(10) of Directive 2013/36/EU (CRD).