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CP13/6 - CRD IV for Investment Firms - Financial Conduct Authority

CP13/6 - CRD IV for Investment Firms - Financial Conduct Authority

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FCA 2013/XX<br />

(6) monitors and periodically assesses the effectiveness of the firm’s<br />

governance arrangements and takes appropriate steps to address any<br />

deficiencies.<br />

[Note: article 88(1) of <strong>CRD</strong>]<br />

4.3A.2 R A CRR firm must ensure that the chairman of the firm’s management body<br />

does not exercise simultaneously the chief executive function within the same<br />

firm, unless justified by the firm and authorised by the appropriate regulator.<br />

[Note: article 88(1)(e) of <strong>CRD</strong>]<br />

4.3A.3 R A CRR firm must ensure that the members of the management body of the<br />

firm:<br />

(1) are of sufficiently good repute;<br />

(2) possess sufficient knowledge, skills and experience to per<strong>for</strong>m their<br />

duties and possess adequate collective knowledge, skills and<br />

experience to understand the firm’s activities, including the main<br />

risks;<br />

(3) reflect an adequately broad range of experiences;<br />

(4) commit sufficient time to per<strong>for</strong>m their functions in the firm; and<br />

(5) act with honesty, integrity and independence of mind to effectively<br />

assess and challenge the decisions of senior management where<br />

necessary and to effectively oversee and monitor management<br />

decision-making.<br />

[Note: article 91(1)-(2) and (7)-(8) of <strong>CRD</strong>]<br />

4.3A.4 R A CRR firm that is either:<br />

(1) a financial holding company or a mixed financial holding company;<br />

or<br />

(2) a subsidiary of a financial holding company or a mixed financial<br />

holding company;<br />

must ensure that the members of the management body of the financial<br />

holding company or mixed financial holding company are of sufficiently good<br />

repute and possess sufficient knowledge, skills and experience to per<strong>for</strong>m<br />

their duties taking into account the specific role of a financial holding<br />

company or a mixed financial holding company.<br />

[Note: article 121 of <strong>CRD</strong>]<br />

4.3A.5 R A CRR firm must devote adequate human and financial resources to the<br />

induction and training of members of the management body.

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