ESMA/EBA Consultation on Suitability Guidelines for Management Body Members

ESMA Consultations

Published February 25th, 2026

Detected March 14th, 2026

Summary

ESMA and EBA have launched a consultation on new draft guidelines for assessing the suitability of management body members and key function holders. The consultation period is open until May 25, 2026, and seeks feedback on proposed changes to investor protection standards.

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What changed

The European Securities and Markets Authority (ESMA) and the European Banking Authority (EBA) are jointly consulting on new draft guidelines concerning the assessment of suitability for members of the management body and key function holders within financial institutions. The consultation paper, released on February 25, 2026, outlines proposals aimed at enhancing investor protection and seeks detailed feedback from stakeholders.

Regulated entities and interested parties are invited to submit their comments by May 25, 2026, via the EBA's consultation portal. The feedback should address specific questions posed in the paper and provide supporting evidence. The agencies will consider all responses in finalizing the guidelines, which will likely impact internal governance and compliance procedures for assessing the fitness and propriety of key personnel.

What to do next

Review the joint ESMA/EBA consultation paper on suitability guidelines.
Prepare and submit comments by the May 25, 2026 deadline.
Assess current internal processes for management body and key function holder suitability assessments against the proposed guidelines.

Source document (simplified)

Consultation on the joint ESMA and EBA guidelines on the assessment of the suitability of members of the management body and key function holders

From

25 February 2026

25 May 2026

Investor protection Details The EBA and ESMA invite comments on all proposals put forward in this paper and in particular on the specific questions summarised in 5.2.

Comments are most helpful if they:

respond to the question stated;
indicate the specific point to which a comment relates;
contain a clear rationale;
provide evidence to support the views expressed/ rationale proposed; and
describe any alternative regulatory choices the EBA and ESMA should consider.

Submission of responses

To submit your comments, click on the ‘send your comments’ button on the EBA's consultation page by 25 May 2026. Please note that comments submitted after this deadline, or submitted via other means may not be processed.

Publication of responses

Please clearly indicate in the consultation form if you wish your comments to be disclosed or to be treated as confidential. A confidential response may be requested from us in accordance with the EBA’s rules on public access to documents. We may consult you if we receive such a request. Any decision we make not to disclose the response is reviewable by the EBA’s Board of Appeal and the European Ombudsman.

Data protection

The protection of individuals with regard to the processing of personal data by the EBA is based on Regulation (EU) 1725/2018 of the European Parliament and of the Council of 23 October 2018. Further information on data protection can be found under the Legal notice section of the EBA website.