Article 7 Identity and proof of good repute, knowledge, skills, experience and of sufficient time commitment of the members of the management body

1. full name and, where different, name at birth;

2. place and date of birth, address and contact details of the current place of residence, nationality or nationalities, and personal identification number or copy of an ID card or equivalent;

3. details of the position held or to be held, including whether the position is executive or non-executive, the start date or planned start date and, where applicable, the duration of the mandate, and a description of the key duties and responsibilities;

4. a curriculum vitae containing details of education and experience, including professional experience, academic qualifications, other relevant training, including the name and nature of all organisations for which the person has worked and the nature and duration of the functions performed, in particular highlighting any activities, within the scope of the position sought, relevant to financial services, crypto-assetsmeans a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology;, or other digital assets, DLT, information technology, cybersecurity, digital innovation or management experience;

5. personal history, including all the following, in respect of the nationality or nationalities held by the person, and of the person’s places of residence of the last 10 years if different from the country of nationality or nationalities:

   1. the absence of a criminal record in respect of convictions or the absence of penalties imposed under the applicable commercial law, insolvency law and financial services law, or in relation to anti-money laundering and counter-terrorist financing, to fraud or to professional liability through an official certificate or an equivalent document or, where such certificates do not exist, any reliable source of information concerning the absence of criminal convictions, investigations and proceedings;

   2. information about refusal of registration, authorisation, membership or licence to carry out a trade, business or profession, or the withdrawal, revocation or termination of registration, authorisation, membership or licence, or expulsion by a regulatory or government body or by a professional body or association;

   3. information about dismissal from employment or a position of trust, fiduciary relationship or similar situation, or the fact that the person was asked to resign from employment in such a position, excluding redundancies;

   4. information about whether another competent authoritymeans one or more authorities:designated by each Member State in accordance with Article 93 concerning offerors, persons seeking admission to trading of crypto-assets other than asset-referenced tokens and e-money tokens, issuers of asset-referenced tokens, or crypto-asset service providers;designated by each Member State for the application of Directive 2009/110/EC concerning issuers of e-money tokens; has assessed the reputation of the person concerned, including the identity of that authority, the date of the assessment and the evidence of the outcome of that assessment;

   5. information about whether an authority from another, non-financial, sector has assessed the individual, person concerned, including the identity of that authority, the date of the assessment and evidence of the outcome of that assessment;

6. a description of all financial and non-financial interests that could create potential material conflicts of interest affecting the perceived trustworthiness of the person concerned in the performance of the mandate as member of the management bodymeans the body or bodies of an issuer, offeror or person seeking admission to trading, or of a crypto-asset service provider, which are appointed in accordance with national law, which are empowered to set the entity’s strategy, objectives and overall direction, and which oversee and monitor management decision-making in the entity and include the persons who effectively direct the business of the entity; of the applicant issuermeans an issuer of asset-referenced tokens or e-money tokens who applies for authorisation to offer to the public or seeks the admission to trading of those crypto-assets;, including:

   1. any financial interests, including crypto assets, other digital assets, loans, shareholdings, guarantees or security interests, whether granted or received, and non-financial interests or relationships, including close relations such as spouse, registered partner, cohabitant, child, parent or other relation with whom the person shares living accommodation, between the person or that person’s close relatives or any company that the person is closely connected with, and the applicant issuermeans an issuer of asset-referenced tokens or e-money tokens who applies for authorisation to offer to the public or seeks the admission to trading of those crypto-assets;, its parent undertaking or subsidiaries, including any members of the management bodymeans the body or bodies of an issuer, offeror or person seeking admission to trading, or of a crypto-asset service provider, which are appointed in accordance with national law, which are empowered to set the entity’s strategy, objectives and overall direction, and which oversee and monitor management decision-making in the entity and include the persons who effectively direct the business of the entity; or any person holding a qualifying holdingmeans any direct or indirect holding in an issuer of asset-referenced tokens or in a crypto-asset service provider which represents at least 10 % of the capital or of the voting rights, as set out in Articles 9 and 10 of Directive 2004/109/EC of the European Parliament and of the Council(32) Directive 2004/109/EC of the European Parliament and of the Council of 15 December 2004 on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market and amending Directive 2001/34/EC (OJ L 390, 31.12.2004, p. 38)., respectively, taking into account the conditions for the aggregation thereof laid down in Article 12(4) and (5) of that Directive, or which makes it possible to exercise a significant influence over the management of the issuer of asset-referenced tokens or the management of the crypto-asset service provider in which that holding subsists; in the applicant issuermeans an issuer of asset-referenced tokens or e-money tokens who applies for authorisation to offer to the public or seeks the admission to trading of those crypto-assets;;

   2. whether or not the person conducts any business or has any commercial relationship, or has had such relationship over the past two years, with any of the persons listed in point (i), or is involved in any legal proceedings with any such persons;

   3. whether or not the person and those in close relation to them as specified in point (i) have any competing interests with the applicant issuermeans an issuer of asset-referenced tokens or e-money tokens who applies for authorisation to offer to the public or seeks the admission to trading of those crypto-assets;, its parent undertaking or its subsidiaries;

   4. any financial obligations to the applicant issuermeans an issuer of asset-referenced tokens or e-money tokens who applies for authorisation to offer to the public or seeks the admission to trading of those crypto-assets;, its parent or its subsidiaries;

   5. whether the person was a politically exposed person as defined in Article 3, point (9), of Directive (EU) 2015/849 over the past two years;

   6. where a material conflict of interest is identified, a statement of how that conflict will be mitigated or remedied, including a reference to the outline of the conflicts of interest policy;

7. information on the ability to commit sufficient time to perform their duties in the applicant issuermeans an issuer of asset-referenced tokens or e-money tokens who applies for authorisation to offer to the public or seeks the admission to trading of those crypto-assets;, including:

   1. the estimated minimum time, per year and per month, that the person concerned will devote to the performance of that person’s functions within the applicant issuermeans an issuer of asset-referenced tokens or e-money tokens who applies for authorisation to offer to the public or seeks the admission to trading of those crypto-assets;;

   2. a list of the commercial mandates that the person concerned holds;

   3. a list of duties which relate to non-commercial activities or are set up for the sole purposes of managing the economic interests of the person concerned;

   4. a list of any additional responsibilities associated with the duties referred to in point (iii), including chairing a committee;

   5. the estimated time in days per year dedicated to each mandate;

   6. the number of meetings per year dedicated to each duty.

For the purposes of point (e)(i), official records, certificates and documents shall have been issued within three months prior to the submission of application for authorisation.

1. the relevant board minutes;

2. the decision on the suitability assessment;

3. where the person concerned has been assessed as not having the experience required, and provided that the minimum experience required is met, details of the training plan imposed, including the content, provider and date by which the training plan has been or will be completed.

A statement regarding the applicant issuermeans an issuer of asset-referenced tokens or e-money tokens who applies for authorisation to offer to the public or seeks the admission to trading of those crypto-assets;’s overall assessment of the collective suitability of the management bodymeans the body or bodies of an issuer, offeror or person seeking admission to trading, or of a crypto-asset service provider, which are appointed in accordance with national law, which are empowered to set the entity’s strategy, objectives and overall direction, and which oversee and monitor management decision-making in the entity and include the persons who effectively direct the business of the entity; documenting that collectively the management bodymeans the body or bodies of an issuer, offeror or person seeking admission to trading, or of a crypto-asset service provider, which are appointed in accordance with national law, which are empowered to set the entity’s strategy, objectives and overall direction, and which oversee and monitor management decision-making in the entity and include the persons who effectively direct the business of the entity; possesses the appropriate knowledge, skills and experience to manage the applicant issuermeans an issuer of asset-referenced tokens or e-money tokens who applies for authorisation to offer to the public or seeks the admission to trading of those crypto-assets;, including relevant board minutes or suitability assessment report or documents.