EBA and ESMA launch consultation on revised suitability assessment framework

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.

Additionally, the EBA is consulting on draft Regulatory Technical Standards (RTS) that specify the documentation and information large institutions must submit to competent authorities. These measures aim to harmonize suitability assessments and promote supervisory convergence across the European Union.

The revised Guidelines incorporate new requirements from the revised Capital Requirements Directive (CRD), including provisions for ex-ante applications, mandatory suitability assessments for key roles such as heads of control functions and chief financial officers, and guidance on third-country branches. They also strengthen the connection with anti-money laundering and countering the financing of terrorism (AML-CFT) frameworks by providing guidance on identifying money laundering or terrorist financing risks.

The draft RTS set out the documentation and information institutions must submit, standardizing the content of suitability questionnaires, CVs, and internal assessments to ensure consistency and comparability across the EU.

The package introduces simplification measures to reduce administrative burdens and increase flexibility for institutions and supervisors.

Stakeholders are invited to submit comments via the “send your comments” button on the consultation page. The 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. All contributions will be published unless confidentiality is requested.

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 draft RTS are based on Article 91 (10) of Directive 2013/36/EU (CRD).