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Implementation of technical guide 4/2017 for the assessment of knowledge and skills of staff providing information and advice

| COVID-19 | Corporate Law and M&A

Communiqué from the CNMV on Technical Guide 4/2017 for the evaluation of the knowledge and skills of personnel who informs and advise, regarding exams

On April 13th, the National Securities Market Commission (hereinafter, NSMC) published a communiqué on the application in relation to examinations of Technical Guide 4/2017 for the evaluation of the knowledge and competencies of the personnel who inform and advise. 

As laid down in the Technical Guide 4/2017, the examinations that accredit the passing of the contents of the training programs must be carried out in person. 

However, in view of the situation caused by the COVID-19, the NSMC will exceptionally accept non-attendance tests, provided that the entities have procedures for evaluation that meet the following conditions:

- That the procedure takes the visual identification of the student into account and their identity is verified with the DNI or equivalent document. 

- That the procedure allows control during the exam in a way that is equivalent to face-to-face control, so that the quality of the evaluation process is guaranteed. 

- That the procedure includes the conservation of documents of the entire evaluation process in an identifiable manner, for a period of at least three years.

Entities that are going to remotely assess their employees must previously notify the NSMC stating their commitment to provide any supporting documentation requested on the non-presential evaluations. 

This procedure will be in force if the face-to-face tests cannot be carried out in accordance with the regulations developed to combat COVID-19. 

You can download the communique published by the NSMC on the application of Technical Guide 4/2017 regarding tests here or dowload the full PDF file here

We hope the information is useful and of your interest. At Andersen Tax & Legal we have created a multidisciplinary team to deal with all the questions that may arise on this aspect or in relation to the COVID-19.

For more information please contact:

Miguel Prado | Partner in the Corporate department


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