1. A fit and proper decision shall not be adopted by means of a delegated decision if the relevant supervised entity is one of the following:
the supervised entity at the highest level of consolidation within the participating Member States of a significant supervised group;
the credit institution with the largest total value of assets in a significant supervised group, if this entity is different to that referred to in point (a);
a significant supervised entity that is not part of a significant supervised group.
2. A fit and proper decision shall not be adopted by means of a delegated decision if the fit and proper decision:
states that the member does not fulfil the fit and proper requirements; or
contains conditions, unless such conditions are necessary to ensure that the member fulfils the fit and proper requirements and have been agreed in writing.
3. A fit and proper decision shall not be adopted by means of a delegated decision if, based on information submitted to the ECB:
the member is currently subject to criminal proceedings before a court of law or has been convicted of a criminal offence at first or final instance; or
an investigation has been or is currently being carried out in relation to, or an enforcement action or an administrative sanction is pending against or has been imposed upon, the member for non-compliance with any financial services legislation or regulatory provisions.
4. A fit and proper decision shall not be adopted by means of a delegated decision if:
the national competent authority does not submit to the ECB a draft delegated decision 20 working days before the expiry of the deadline for the adoption of a fit and proper decision under applicable law; or
insufficient information or the complexity of the assessment require that the fit and proper decision is adopted under the non-objection procedure.
5. Where, pursuant to paragraphs 1 to 4, a fit and proper decision cannot be adopted by means of a delegated decision, it shall be adopted in accordance with applicable law and the non-objection procedure.
6. For the purpose of paragraphs 2 to 4, if the assessment of the fit and proper requirements concerns more than one member of a management body and a decision cannot be adopted by means of a delegated decision with regard to one or more of them, the assessment shall result in two fit and proper decisions. One decision shall be adopted in accordance with applicable law and the non-objection procedure, and the other by means of a delegated decision.