Article 4 Information on the members of the management body

An applicant seeking authorisation to provide data reporting services shall include in its application for authorisation the following information in respect of each member of the management body:

1. (a)

   name, date and place of birth, personal national identification number or an equivalent thereof, address and contact details;

2. (b)

   the position for which the person is or will be appointed;

3. (c)

   a curriculum vitae evidencing sufficient experience and knowledge to adequately perform the responsibilities;

4. (d)

   criminal records, notably through an official certificate, or, where such a document is not available, a self-declaration of good repute and the authorisation to the competent authority to inquire whether the member has been convicted of any criminal offence in connection with the provision of financial or data services or in relation to acts of fraud or embezzlement;

5. (e)

   a self-declaration of good repute and the authorisation to the competent authority to inquire whether the member:

   1. (i)

      has been subject to an adverse decision in any proceedings of a disciplinary nature brought by a regulatory authority or government body or is the subject of any such proceedings which are not concluded;

   2. (ii)

      has been subject to an adverse judicial finding in civil proceedings before a court in connection with the provision of financial or data services, or for misconduct or fraud in the management of a business;

   3. (iii)

      has been part of the management body of an undertaking which was subject to an adverse decision or penalty by a regulatory authority or whose registration or authorisation was withdrawn by a regulatory authority;

   4. (iv)

      has been refused the right to carry on activities which require registration or authorisation by a regulatory authority;

   5. (v)

      has been part of the management body of an undertaking which has gone into insolvency or liquidation while the person held such position or within a year after which the person ceased to hold such position;

   6. (vi)

      has been otherwise fined, suspended, disqualified, or been subject to any other sanction in relation to fraud, embezzlement or in connection with the provision of financial or data services, by a professional body;

   7. (vii)

      has been disqualified from acting as a director, disqualified from acting in any managerial capacity, dismissed from employment or other appointment in an undertaking as a consequence of misconduct or malpractice;

6. (f)

   An indication of the minimum time that is to be devoted to the performance of the person's functions within the data reporting services provider;

7. (g)

   a declaration of any potential conflicts of interest that may exist or arise in performing the duties and how those conflicts are managed.