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

The European Banking Authority (EBA) and the European Securities and Markets Authority (ESMA) today launched a consultation on the revised joint Guidelines on the assessment of the suitability of members of the management body and key function holders. In parallel, the EBA is consulting on draft Regulatory Technical Standards (RTS) specifying the documentation and information that large institutions must submit to competent authorities. Together, these elements form the Suitability Package, which aims to harmonise suitability assessments and promote supervisory convergence across the EU. The consultations run until 25 May 2026.

The draft revised EBA-ESMA Joint Guidelines incorporate new requirements introduced by the revised Capital Requirements Directive (CRD) for large institutions. These updates cover, among other elements, the use of ex-ante applications in cases where competent authorities carry out ex-post assessments, as well as mandatory suitability assessments by competent authorities for key roles such as heads of control functions and chief financial officers. The Guidelines also further specify the new CRD requirements for third-country branches. In addition, they reinforce the link with the anti-money laundering and countering the financing of terrorism (AML-CFT) framework by providing guidance for identifying reasonable grounds to suspect money laundering or terrorist financing (ML/TF) risks.

The EBA's draft RTS set out the documentation and information that institutions must submit to competent authorities as part of the suitability assessment. They harmonise the minimum content of the suitability questionnaire, curriculum vitae and internal suitability assessment, ensuring that submissions are consistent, complete and comparable across the EU.

In addition, the revised package introduces targeted simplification and streamlining measures designed to reduce administrative burden and provide greater flexibility and clarity for institutions and supervisors.

Consultation process

• Stakeholders are invited to submit their comments on the revised joint EBA and ESMA Guidelines on the assessment of the suitability of members of the management body and key function holders using "send your comments" button on the consultation page. The deadline for the submitting comments is 25 May 2026. All contributions received will be published following the end of the consultation, unless requested otherwise. A public hearing on the Guidelines will take place on 15 April 2026 from 14:00 to 15:30.
• The EBA also invites stakeholders to provide comments to the draft RTS on documentation and information to be submitted to competent authorities using the "send your comments" button on the consultation page. The deadline for the submission of comments is 25 May 2026. A public hearing on the RTS will take place on 15 April 2026 from 15:30 to 16:30. All contributions received will be published following the end of the consultation, unless requested otherwise.

Legal basis and next steps

The draft joint EBA-ESMA Guidelines have been developed on the basis of Article 91 (11) and 91a(8)) of Directive 2013/36/EU (CRD) and Article 9 of Directive 2014/65/EU (MiFID II). Once the revised Guidelines enter into force, they will repeal the 2021 Guidelines.

The draft RTS have been developed on the basis of Article 91 (10) of Directive 2013/36/EU (CRD)d.