Prohibition of activity for natural persons

(1) In the cases under section 35(2), points 7, 9, or 10, the supervisory authority may also temporarily prohibit, for a period of up to two years, a natural person responsible for the breach who was not a manager at the time of the breach, from a future activity as manager at an institution in the legal form of a legal person. Where a natural person within the meaning of the first sentence, in the cases under section 35(2), points 7, 9, or 10, repeatedly commits serious breaches, or repeatedly breaches Article 14 or Article 15 of Regulation (EU) No 596/2014 or Article 4 or Article 15 of Regulation (EU) 2015/2365, the supervisory authority may permanently prohibit that person from a future activity as manager at an institution in the legal form of a legal person. Section 36(1) and (2) remain unaffected. In the case of a breach of section 25i, 25k, or 25m, or of Regulation (EU) 2023/1113, the supervisory authority may also temporarily prohibit, for a period of up to two years, a natural person responsible for the breach who was not a manager at the time of the breach, from a future activity as manager at obliged entities under section 2(1) of the Anti-Money Laundering Act.
(2) In the cases under Article 20(1), letters b to d, or Article 57(1), letters b to d, of Regulation (EU) No 909/2014, the supervisory authority may also prohibit a natural person responsible for the breach who was not a manager at the time of the breach from a future activity as manager at the institution, temporarily for a period of up to two years or, in the case of repeated serious breaches, permanently.
(3) In the cases under section 48(1), the supervisory authority may temporarily prohibit, for a period of up to two years, a natural person responsible for the breach who was not a manager of an institution at the time of the breach, from a future activity as manager at an originator, sponsor, securitisation special purpose entity, or institution.
(4) In the case of breaches of provisions referred to in section 120a(1) and (2) of the Securities Trading Act, the supervisory authority may prohibit, for a period of up to two years, a natural person responsible for the breach who was not a manager of an institution at the time of the breach, from a future activity as manager at an institution.
(5) In the case of breaches of the duties laid down in section 2c(1), first or sixth sentence, or (3), first sentence, section 2f(1), first or second sentence, section 2h(1), section 2i(1), first sentence, section 24(1f), first or fourth sentence, or section 32(1), first sentence, the supervisory authority may prohibit a natural person responsible for the breach from performing duties at an institution for a period of up to two years. In the case of breaches of the duties laid down in section 32(1), an order prohibiting the exercise of a profession under section 70 of the Criminal Code, made in a final criminal judgment because of this breach, is to be taken into account in the decision under the first sentence.