Adequação e idoneidade dos membros do órgão de administração das instituições de crédito

: a importância do Banco de Portugal enquanto supervisor no governo das instituições de crédito

Abstract

The members of the management body of credit institutions should be suitable and reputable. Access to the banks' management body is dependent on the positive assessment of the fit and proper requirements, as well as the subsequent authorization granted by the supervisory authorities. In this dissertation, we propose to analyze the criteria and procedures for assessing and reassessing the suitability and reputation of the members of the banks' management body and to reflect about the importance of Banco de Portugal as the national supervisor authority in the banking sector. From the analysis of the legal fitness and probity regime, several pertinent questions arise to which the RGICSF does not seem to provide a sufficient answer. Therefore, throughout this dissertation, the following questions are intended to be answered: How are the supervisory powers of the Banco de Portugal and the European Central Bank shared within the Single Supervisory Mechanism? Are indications of lack of reputation considered absolute presumptions? Does being a defendant in a criminal process indicate lack of reputation? Can circumstances of the director's private life that are not directly related to the management of the business or the exercise of the profession be considered? How long can directors be prevented from practicing their profession? Who is responsible within the institution for conducting the evaluation? What are the differences between the criteria and procedures for evaluation and reevaluation? Is the supervening loss of suitability a reason for dismissal?

Date of Award	23 Jun 2023
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Daniela Baptista (Supervisor)