AI Summary of 23A.
A significant supervised entity (within the meaning of the SSM Framework Regulation) which is a regulated financial service provider or holding company shall not appoint a person to its management body (within the meaning of the European Union (Capital Requirements) Regulations 2014), nor make any other appointment the approval of which is subject to the exclusive competence of the ECB under Article 4(1)(e) of the SSM Regulation, unless the entity has been notified in writing by the ECB that it has approved the appointment.
Where the Bank receives an application for such approval it shall send the application to the ECB without delay. For the purposes of the ECB’s decision the Bank may, by written notice to the person or a specified officer or employee of the proposing entity, require production of specified documents, provision of specified information, answers to questions or attendance for interview, and the notice must specify the date, time and place. A notice may not require production, information or answers that could not have been compelled in a court. An application shall be determined by the ECB in accordance with relevant European Union law.
23A.
(1) A significant supervised entity (within the meaning of the SSM Framework Regulation) which is a regulated financial service provider or holding company shall not -
(a) appoint a person to its management body (within the meaning of the European Union (Capital Requirements) Regulations 2014 (S.I. No. 158 of 2014)), or
(b) make any other appointment the approval of which is subject to the exclusive competence of the ECB under Article 4(1)(e) of the SSM Regulation,
unless the entity has been notified in writing by the ECB that it has approved the appointment.
(2) Where the Bank receives an application from an entity for the purposes of seeking approval from the ECB under subsection (1), it shall send that application to the ECB without delay.
(3) For the purposes of the making of a decision by the ECB as to whether or not to approve the appointment of a person under subsection (1), the Bank may request the person, or a specified officer or employee of the entity that proposes to appoint the person, by notice in writing to do any one or more of the following:
(a) produce a specified document or documents to the Bank;
(b) provide specified information to the Bank;