Article 9 Senior management and members of the Board

An application for registration as a trade repository shall contain the following information in respect of each member of the senior management and each member of the Board:

1. (a)

   a copy of the curriculum vitae;

2. (b)

   detailed information on the knowledge and experience in IT management, operations and development;

3. (c)

   details regarding any criminal convictions in connection with the provision of financial or data services or in relation to acts of fraud or embezzlement, in particular in the form of an official certificate if available;

4. (d)

   a self-declaration of good repute in relation to the provision of a financial or data service, where each member of the senior management and the Board states whether they:

   1. (i)

      have 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;

   2. (ii)

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

   3. (iii)

      have 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 impropriety or fraud in the management of a business;

   4. (iv)

      have been part of the board or senior management of an undertaking whose registration or authorisation was withdrawn by a regulatory body;

   5. (v)

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

   6. (vi)

      have been part of the board or senior management of an undertaking which has gone into insolvency or liquidation while this person was connected to the undertaking or within a year of the person ceasing to be connected to the undertaking;

   7. (vii)

      have been part of the board or senior management of an undertaking which was subject to an adverse decision or penalty by a regulatory body;

   8. (viii)

      have 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 government, regulatory or professional body;

   9. (ix)

      have 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;

5. (e)

   a declaration of any potential conflicts of interests that the senior management and the members of the board may have in performing their duties and how these conflicts are managed.