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Commission Delegated Regulation (EU) 2016/438 Article 24

Commission Delegated Regulation (EU) 2016/438 Article 24

Independence of management boards and supervisory functions

Article 24

1.   Where a group link exists between them, the management company or the investment company and the depositary shall ensure that: (a) where the management body of the management company and the management body of the depositary are also in charge of the supervisory functions within the respective companies, at least one third of the members or two persons, whichever is lower, on the management body of the management company and on the management body of the depositary shall be independent; (b) where the management body of the management company and the management body of the depositary are not in charge of the supervisory functions within the respective companies, at least one third of the members or two persons, whichever is lower, on the body in charge of the supervisory functions within the management company and within the depositary shall be independent. 2.   For the purposes of the first paragraph, members of the management body of the management company, members of the management body of the depositary or members of the body in charge of the supervisory functions of the above companies shall be deemed independent as long as they are neither members of the management body or the body in charge of the supervisory functions nor employees of any of the other undertakings between which a group link exists and are free of any business, family or other relationship with the management company or the investment company, the depositary and any other undertaking within the group that gives rise to a conflict of interest such as to impair their judgment.

Read the full instrument → · Read this in context: CHAPTER 4 — INDEPENDENCE REQUIREMENTS AND FINAL PROVISIONS →

Other provisions in CHAPTER 4 — INDEPENDENCE REQUIREMENTS AND FINAL PROVISIONS

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗ · Data as of 2026-07-04

CitationArticle 24 of Commission Delegated Regulation (EU) 2016/438 (LawPlayer, data as of 2026-07-04)

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