Directive 2013/36/EU (CRD IV) — access to the activity of credit institutions and the prudential supervision of credit institutions

Current as of 27 June 2013165 provisions

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["CHAPTER 3", "Final provisions", "Article 163"]
Repeal
Repeal Directives 2006/48/EC and 2006/49/EC are repealed with effect from 1 January 2014. References to the repealed Directives shall be construed as…
["Section IV", "Supervisory measures and powers", "Article 104"]
Supervisory powers
Supervisory powers 1. For the purposes of Article 97, Article 98 (4), Article 101
["TITLE VI", "RELATIONS WITH THIRD COUNTRIES", "Article 47"]
Notification in relation to third-country branches and conditions of access for credit institutions with such branches
Notification in relation to third-country branches and conditions of access for credit institutions with such branches 1. Member States shall not apply to…
["Section I", "Buffers", "Article 128"]
Definitions
Definitions For the purpose of this Chapter, the following definitions shall apply: (1) ‧capital conservation buffer‧ means the own funds that an institution…
["Section III", "Supervisory review and evaluation process", "Article 99"]
Supervisory examination programme
Supervisory examination programme 1. The competent authorities shall, at least annually, adopt a supervisory examination programme for the institutions they…
["Section III", "Supervisory review and evaluation process", "Article 100"]
Supervisory stress testing
Supervisory stress testing 1. The competent authorities shall carry out as appropriate but at least annually supervisory stress tests on institutions they…
["CHAPTER 1", "General requirements for access to the activity of credit institutions", "Article 10"]
Programme of operations and structural organisation
Programme of operations and structural organisation Member States shall require applications for authorisation to be accompanied by a programme of operations…
["Section II", "Exchange of information and professional secrecy", "Article 59"]
Transmission of information to other entities
Transmission of information to other entities 1. Notwithstanding Article 53 (1) and Article 54, Member States may, by virtue of provisions laid down in…
["CHAPTER 1", "Transitional provisions on the supervision of institutions exercising the freedom of establishment and the freedom to provide services", "Article 152"]
Reporting requirements
Reporting requirements Host Member States may, for statistical purposes, require that all credit institutions having branches within their territories shall…
["Sub-Section 2", "Technical criteria concerning the organisation and treatment of risks", "Article 80"]
Residual risk
Residual risk Competent authorities shall ensure that the risk that recognised credit risk mitigation techniques used by institutions prove less effective than…
["Section II", "Setting and calculating countercyclical capital buffers", "Article 137"]
Recognition of countercyclical buffer rates in excess of 2,5 %
Recognition of countercyclical buffer rates in excess of 2,5 % 1. Where a designated authority, in accordance with Article 136(4), or a relevant third-country…
["CHAPTER 2", "Qualifying holding in a credit institution", "Article 24"]
Cooperation between competent authorities
Cooperation between competent authorities 1. The relevant competent authorities shall fully consult each other when carrying out the assessment if the proposed…
["Sub-Section 3", "Governance", "Article 96"]
Maintenance of a website on corporate governance and remuneration
Maintenance of a website on corporate governance and remuneration Institutions that maintain a website shall explain there how they comply with the…
["TITLE II", "COMPETENT AUTHORITIES", "Article 7"]
Union dimension of supervision
Union dimension of supervision The competent authorities in each Member State shall, in the exercise of their general duties, duly consider the potential…
["Section IV", "Supervisory measures and powers", "Article 106"]
Specific publication requirements
Specific publication requirements 1. Member States shall empower the competent authorities to require institutions: (a) to publish information referred to in…
["TITLE IV", "INITIAL CAPITAL OF INVESTMENT FIRMS", "Article 29"]
Initial capital of particular types of investment firms
Initial capital of particular types of investment firms 1. An investment firm that does not deal in any financial instruments for its own account or underwrite…
["TITLE IV", "INITIAL CAPITAL OF INVESTMENT FIRMS", "Article 32"]
Grandfathering provision
Grandfathering provision 1. By way of derogation from Article 28 (2), Article 29 (1) and (3) and Article 30, Member States may continue authorising investment…
["CHAPTER 1", "General requirements for access to the activity of credit institutions", "Article 12"]
Initial capital
Initial capital 1. Without prejudice to other general conditions laid down in national law, the competent authorities shall refuse authorisation to commence…
["Section I", "Competence and duties of home and host Member States", "Article 50"]
Collaboration concerning supervision
Collaboration concerning supervision 1. The competent authorities of the Member States concerned shall collaborate closely in order to supervise the activities…
["Section IV", "Supervisory powers, powers to impose penalties and right of appeal", "Article 72"]
Right of appeal
Right of appeal Member States shall ensure that decisions and measures taken pursuant to laws, regulations and administrative provisions adopted in accordance…
["Section IV", "Supervisory powers, powers to impose penalties and right of appeal", "Article 67"]
Other provisions
Other provisions 1. This Article shall apply at least in any of the following circumstances: (a) an institution has obtained an authorisation through false…
["Sub-Section 2", "Technical criteria concerning the organisation and treatment of risks", "Article 79"]
Credit and counterparty risk
Credit and counterparty risk Competent authorities shall ensure that: (a) credit-granting is based on sound and well-defined criteria and that the process for…
["Section III", "Duty of persons responsible for the legal control of annual and consolidated accounts", "Article 63"]
Duty of persons responsible for the legal control of annual and consolidated accounts
— Article 63 — Duty of persons responsible for the legal control of annual and consolidated accounts 1. Member States shall provide that any person authorised…
["Sub-Section 2", "Technical criteria concerning the organisation and treatment of risks", "Article 85"]
Operational risk
Operational risk 1. Competent authorities shall ensure that institutions implement policies and processes to evaluate and manage the exposure to operational…
["Section I", "Principles for conducting supervision on a consolidated basis", "Article 117"]
Cooperation obligations
Cooperation obligations 1. The competent authorities shall cooperate closely with each other. They shall provide one another with any information which is…
["TITLE VI", "RELATIONS WITH THIRD COUNTRIES", "Article 48"]
Cooperation with supervisory authorities of third countries regarding supervision on a consolidated basis
Cooperation with supervisory authorities of third countries regarding supervision on a consolidated basis 1. The Commission may submit proposals to the…
["Sub-Section 3", "Governance", "Article 93"]
Institutions that benefit from government intervention
Institutions that benefit from government intervention In the case of institutions that benefit from exceptional government intervention, the following…
["Section IV", "Supervisory measures and powers", "Article 105"]
Specific liquidity requirements
Specific liquidity requirements For the purposes of determining the appropriate level of liquidity requirements on the basis of the review and evaluation…
["Section V", "Level of application", "Article 108"]
Internal capital adequacy assessment process
Internal capital adequacy assessment process 1. Competent authorities shall require every institution which is neither a subsidiary in the Member State where…
["CHAPTER 1", "General requirements for access to the activity of credit institutions", "Article 15"]
Refusal of authorisation
Refusal of authorisation Where a competent authority refuses authorisation to commence the activity of a credit institution, it shall notify the applicant of…
["Section I", "Principles for conducting supervision on a consolidated basis", "Article 113"]
Joint decisions on institution-specific prudential requirements
Joint decisions on institution-specific prudential requirements 1. The consolidating supervisor and the competent authorities responsible for the supervision…
["TITLE I", "SUBJECT MATTER, SCOPE AND DEFINITIONS", "Article 3"]
Definitions
Definitions 1. For the purposes of this Directive, the following definitions shall apply: (1) ‧credit institution‧ means credit institution as defined in point…
["Sub-Section 3", "Governance", "Article 89"]
Country-by-country reporting
Country-by-country reporting 1. From 1 January 2015 Member States shall require each institution to disclose annually, specifying, by Member State and by third…
["Sub-Section 3", "Governance", "Article 95"]
Remuneration Committee
Remuneration Committee 1. Competent authorities shall ensure that institutions that are significant in terms of their size, internal organisation and the…
["Section I", "Buffers", "Article 129"]
Requirement to maintain a capital conservation buffer
Requirement to maintain a capital conservation buffer 1. Member States shall require institutions to maintain in addition to the Common Equity Tier 1 capital…
["Section V", "Level of application", "Article 109"]
Institutions' arrangements, processes and mechanisms
Institutions' arrangements, processes and mechanisms 1. Competent authorities shall require institutions to meet the obligations set out in Section II of this…
["CHAPTER 2", "Qualifying holding in a credit institution", "Article 26"]
Information obligations and penalties
Information obligations and penalties 1. Credit institutions shall, on becoming aware of any acquisitions or disposals of holdings in their capital that cause…
["Sub-Section 2", "Technical criteria concerning the organisation and treatment of risks", "Article 81"]
Concentration risk
Concentration risk Competent authorities shall ensure that the concentration risk arising from exposures to each counterparty, including central…
["Section II", "Exchange of information and professional secrecy", "Article 57"]
Exchange of information with oversight bodies
Exchange of information with oversight bodies 1. Notwithstanding Articles 53, 54 and 55, Member States may authorise exchange of information between the…
["Section I", "Buffers", "Article 130"]
Requirement to maintain an institution-specific countercyclical capital buffer
Requirement to maintain an institution-specific countercyclical capital buffer 1. Member States shall require institutions to maintain an institution-specific…
["Section IV", "Supervisory powers, powers to impose penalties and right of appeal", "Article 70"]
Effective application of penalties and exercise of powers to impose penalties by competent authorities
Effective application of penalties and exercise of powers to impose penalties by competent authorities Member States shall ensure that when determining the…
["Section II", "Exchange of information and professional secrecy", "Article 58"]
Transmission of information concerning monetary, deposit protection, systemic and payment aspects
Transmission of information concerning monetary, deposit protection, systemic and payment aspects 1. Nothing in this Chapter shall prevent a competent…
["TITLE VIII", "DISCLOSURE BY COMPETENT AUTHORITIES", "Article 144"]
Specific disclosure requirements
Specific disclosure requirements 1. For the purpose of Part Five of Regulation (EU) No 575/2013, competent authorities shall publish the following information…
["Section I", "Principles for conducting supervision on a consolidated basis", "Article 118"]
Checking information concerning entities in other Member States
Checking information concerning entities in other Member States Where, in applying this Directive and Regulation (EU) No 575/2013, the competent authorities of…
["Section IV", "Supervisory measures and powers", "Article 102"]
Supervisory measures
and powers — Article 102 — Supervisory measures 1. Competent authorities shall require an institution to take the necessary measures at an early stage to…
["TITLE IX", "DELEGATED AND IMPLEMENTING ACTS", "Article 146"]
Implementing Acts
Implementing Acts The following measures shall be adopted as implementing acts in accordance with the examination procedure referred to in Article 147(2): (a)…
["Section I", "Buffers", "Article 131"]
Global and other systemically important institutions
Global and other systemically important institutions 1. Member States shall designate the authority in charge of identifying, on a consolidated basis, global…
["CHAPTER 1", "Transitional provisions on the supervision of institutions exercising the freedom of establishment and the freedom to provide services", "Article 159"]
On-the-spot checks
On-the-spot checks 1. Host Member States shall provide that, where an institution authorised in another Member State carries out its activities through a…
["CHAPTER 2", "The right of establishment of credit institutions", "Article 38"]
Aggregation of branches
Aggregation of branches Any number of places of business set up in the same Member State by a credit institution with headquarters in another Member State…
["CHAPTER 2", "Qualifying holding in a credit institution", "Article 27"]
Criteria for qualifying holdings
Criteria for qualifying holdings In determining whether the criteria for a qualifying holding as referred to in Articles 22, 25 and 26 are fulfilled, the…
["Section II", "Setting and calculating countercyclical capital buffers", "Article 138"]
ESRB recommendation on third country countercyclical buffer rates
ESRB recommendation on third country countercyclical buffer rates The ESRB may, in accordance with Article 16 of Regulation (EU) No 1092/2010, issue a…
["Section II", "Financial holding companies, mixed financial holding companies and mixed-activity holding companies", "Article 126"]
Penalties
Penalties In accordance with Chapter 1, Section IV of this Title, Member States shall ensure that administrative penalties or other administrative measures…
["Sub-Section 3", "Governance", "Article 90"]
Public disclosure of return on assets
Public disclosure of return on assets Institutions shall disclose in their annual report among the key indicators their return on assets, calculated as their…
["Sub-Section 1", "General principles", "Article 74"]
Internal governance and recovery and resolution plans
Internal governance and recovery and resolution plans 1. Institutions shall have robust governance arrangements, which include a clear organisational structure…
["Section II", "Financial holding companies, mixed financial holding companies and mixed-activity holding companies", "Article 119"]
Inclusion of holding companies in consolidated supervision
Inclusion of holding companies in consolidated supervision 1. Member States shall adopt any measures necessary, where appropriate, to include financial holding…
["CHAPTER 1", "General requirements for access to the activity of credit institutions", "Article 8"]
Authorisation
Authorisation 1. Member States shall require credit institutions to obtain authorisation before commencing their activities. Without prejudice to Articles 10…
["Section II", "Financial holding companies, mixed financial holding companies and mixed-activity holding companies", "Article 123"]
Supervision
Supervision 1. Without prejudice to Part Four of Regulation (EU) No 575/2013, Member States shall provide that, where the parent undertaking of one or more…
["Section III", "Supervisory review and evaluation process", "Article 101"]
Ongoing review of the permission to use internal approaches
Ongoing review of the permission to use internal approaches 1. Competent authorities shall review on a regular basis, and at least every 3 years, institutions'…
["TITLE IV", "INITIAL CAPITAL OF INVESTMENT FIRMS", "Article 31"]
Coverage for firms not authorised to hold client money or securities
Coverage for firms not authorised to hold client money or securities 1. Coverage for the firms referred to in point (2)(c) of Article 4(1) of Regulation (EU)…
["Section IV", "Supervisory measures and powers", "Article 103"]
Application of supervisory measures to institutions with similar risk profiles
Application of supervisory measures to institutions with similar risk profiles 1. Where the competent authorities determine under Article 97 that institutions…
["Section III", "Capital conservation measures", "Article 141"]
Restrictions on distributions
Restrictions on distributions 1. Member States shall prohibit any institution that meets the combined buffer requirement from making a distribution in…
["Section II", "Exchange of information and professional secrecy", "Article 62"]
Processing of personal data
Processing of personal data The processing of personal data for the purposes of this Directive shall be carried out in accordance with Directive 95/46/EC and…
["Sub-Section 2", "Technical criteria concerning the organisation and treatment of risks", "Article 77"]
Internal Approaches for calculating own funds requirements
Internal Approaches for calculating own funds requirements 1. Competent authorities shall encourage institutions that are significant in terms of their size…
["CHAPTER 1", "General requirements for access to the activity of credit institutions", "Article 11"]
Economic needs
Economic needs Member States shall not require the application for authorisation to be examined in terms of the economic needs of the market.
["CHAPTER 4", "Powers of the competent authorities of the host Member State", "Article 44"]
Powers of host Member States
Powers of host Member States Host Member States may, notwithstanding Articles 40 and 41, exercise the powers conferred on them under this Directive to take…
["TITLE IV", "INITIAL CAPITAL OF INVESTMENT FIRMS", "Article 30"]
Initial capital of local firms
Initial capital of local firms Local firms shall have initial capital of EUR 50 000 insofar as they benefit from the freedom of establishment or to provide…
["Section III", "Supervisory review and evaluation process", "Article 98"]
Technical criteria for the supervisory review and evaluation
Technical criteria for the supervisory review and evaluation 1. In addition to credit, market and operational risks, the review and evaluation performed by…
["Section IV", "Supervisory powers, powers to impose penalties and right of appeal", "Article 71"]
Reporting of breaches
Reporting of breaches 1. Member States shall ensure that competent authorities establish effective and reliable mechanisms to encourage reporting of potential…
["Sub-Section 3", "Governance", "Article 92"]
Remuneration policies
Remuneration policies 1. The application of paragraph 2 of this Article and of Articles 93, 94 and 95 shall be ensured by competent authorities for…
["TITLE IV", "INITIAL CAPITAL OF INVESTMENT FIRMS", "Article 28"]
Initial capital of investment firms
Initial capital of investment firms 1. The initial capital of investment firms shall comprise only one or more of the items referred to in points (a) to (e) of…
["CHAPTER 2", "Transitional provisions for capital buffers", "Article 160"]
Transitional provisions for capital buffers
— Article 160 — Transitional provisions for capital buffers 1. This Article amends the requirements of Articles 129 and 130 for a transitional period between 1…
["Section II", "Setting and calculating countercyclical capital buffers", "Article 136"]
Setting countercyclical buffer rates
Setting countercyclical buffer rates 1. Each Member State shall designate a public authority or body (a ‧designated authority‧) that is responsible for setting…
["TITLE IX", "DELEGATED AND IMPLEMENTING ACTS", "Article 147"]
European Banking Committee
European Banking Committee 1. For the adoption of implementing acts, the Commission shall be assisted by the European Banking Committee. That committee shall…
["CHAPTER 4", "Powers of the competent authorities of the host Member State", "Article 40"]
Reporting requirements
Reporting requirements The competent authorities of the host Member States may require that all credit institutions having branches within their territories…
["Section II", "Financial holding companies, mixed financial holding companies and mixed-activity holding companies", "Article 121"]
Qualification of directors
Qualification of directors Member States shall require that the members of the management body of a financial holding company or mixed financial holding…
["CHAPTER 2", "Qualifying holding in a credit institution", "Article 23"]
Assessment criteria
Assessment criteria 1. In assessing the notification provided for in Article 22 (1) and the information referred to in Article 22 (3), the competent…
["Sub-Section 2", "Technical criteria concerning the organisation and treatment of risks", "Article 87"]
Risk of excessive leverage
Risk of excessive leverage 1. Competent authorities shall ensure that institutions have policies and processes in place for the identification, management and…
["CHAPTER 1", "Transitional provisions on the supervision of institutions exercising the freedom of establishment and the freedom to provide services", "Article 156"]
Liquidity supervision
Liquidity supervision Host Member States shall, pending further coordination, retain responsibility in cooperation with the competent authorities of the home…
["CHAPTER 1", "General requirements for access to the activity of credit institutions", "Article 20"]
Notification of authorisation and withdrawal of authorisation
Notification of authorisation and withdrawal of authorisation 1. Competent authorities shall notify EBA of every authorisation granted under Article 8. 2. EBA…
["Section II", "Setting and calculating countercyclical capital buffers", "Article 135"]
ESRB guidance on setting countercyclical buffer rates
ESRB guidance on setting countercyclical buffer rates 1. The ESRB may give, by way of recommendations in accordance with Article 16 of Regulation (EU) No…
["CHAPTER 3", "Final provisions", "Article 162"]
Transposition
Transposition 1. By 31 December 2013 Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this…
["CHAPTER 1", "General Principles", "Article 34"]
Financial institutions
Financial institutions 1. Member States shall provide that the activities listed in Annex I may be carried out within their territories, in accordance with…
["Sub-Section 2", "Technical criteria concerning the organisation and treatment of risks", "Article 76"]
Treatment of risks
Treatment of risks 1. Member States shall ensure that the management body approves and periodically reviews the strategies and policies for taking up…
["CHAPTER 1", "Transitional provisions on the supervision of institutions exercising the freedom of establishment and the freedom to provide services", "Article 151"]
Scope
Scope 1. The provisions in this Chapter shall apply instead of Articles 40, 41, 43, 49, 50 and 51 until the date on which the liquidity coverage requirement…
["CHAPTER 3", "Final provisions", "Article 165"]
Addressees
Addressees This Directive is addressed to the Member States.
["Section II", "Exchange of information and professional secrecy", "Article 61"]
Disclosure of information concerning clearing and settlement services
Disclosure of information concerning clearing and settlement services 1. Nothing in this Chapter shall prevent the competent authorities of a Member State from…
["CHAPTER 1", "General requirements for access to the activity of credit institutions", "Article 19"]
Name of credit institutions
Name of credit institutions For the purposes of exercising their activities, credit institutions may, notwithstanding any provisions in the host Member State…
["Section IV", "Supervisory powers, powers to impose penalties and right of appeal", "Article 68"]
Publication of administrative penalties
Publication of administrative penalties 1. Member States shall ensure that the competent authorities publish on their official website at least any…
["Section I", "Principles for conducting supervision on a consolidated basis", "Article 112"]
Coordination of supervisory activities by the consolidating supervisor
Coordination of supervisory activities by the consolidating supervisor 1. In addition to the obligations imposed by this Directive and by Regulation (EU) No…
["CHAPTER 4", "Powers of the competent authorities of the host Member State", "Article 42"]
Reasons and communication
Reasons and communication Any measure taken pursuant to Article 41(1), or Article 43 or 44 involving penalties or restrictions on the exercise of the freedom…
["TITLE IX", "DELEGATED AND IMPLEMENTING ACTS", "Article 145"]
Delegated Acts
Delegated Acts The Commission shall be empowered to adopt delegated acts in accordance with Article 148 concerning the following: (a) clarification of the…
["TITLE II", "COMPETENT AUTHORITIES", "Article 5"]
Coordination within Member States
Coordination within Member States Where Member States have more than one competent authority for the prudential supervision of credit institutions, investment…
["TITLE VIII", "DISCLOSURE BY COMPETENT AUTHORITIES", "Article 143"]
General disclosure requirements
General disclosure requirements 1. Competent authorities shall publish the following information: (a) the texts of laws, regulations, administrative rules and…
["Section II", "Exchange of information and professional secrecy", "Article 54"]
Use of confidential information
Use of confidential information Competent authorities receiving confidential information under Article 53 shall use it only in the course of their duties and…
["Section II", "Exchange of information and professional secrecy", "Article 55"]
Cooperation agreements
Cooperation agreements Member States and EBA, in accordance with Article 33 of Regulation (EU) No 1093/2010, may conclude cooperation agreements, providing for…
["CHAPTER 1", "General requirements for access to the activity of credit institutions", "Article 21"]
Waiver for credit institutions permanently affiliated to a central body
Waiver for credit institutions permanently affiliated to a central body 1. The competent authorities may waive the requirements set out in Articles 10 and 12…
["Section I", "Buffers", "Article 132"]
Reporting
Reporting 1. The Commission shall, by 31 December 2015, submit a report to the European Parliament and to the Council on the basis of international…
["Section IV", "Supervisory powers, powers to impose penalties and right of appeal", "Article 69"]
Exchange of information on penalties and maintenance of a central database by EBA
Exchange of information on penalties and maintenance of a central database by EBA 1. Subject to the professional secrecy requirements referred to in Article…
["CHAPTER 1", "General requirements for access to the activity of credit institutions", "Article 18"]
Withdrawal of authorisation
Withdrawal of authorisation The competent authorities may only withdraw the authorisation granted to a credit institution where such a credit institution: (a)…
["CHAPTER 3", "Exercise of the freedom to provide services", "Article 39"]
Notification procedure
Notification procedure 1. Any credit institution wishing to exercise the freedom to provide services by carrying out its activities within the territory of…
["CHAPTER 1", "Transitional provisions on the supervision of institutions exercising the freedom of establishment and the freedom to provide services", "Article 155"]
Responsibility
Responsibility 1. The prudential supervision of an institution, including that of the activities it carries out in accordance with Articles 33 and 34, shall be…
["TITLE I", "SUBJECT MATTER, SCOPE AND DEFINITIONS", "Article 1"]
Subject matter
Subject matter This Directive lays down rules concerning: (a) access to the activity of credit institutions and investment firms (collectively referred to as…
["TITLE IX", "DELEGATED AND IMPLEMENTING ACTS", "Article 148"]
Exercise of the delegation
Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The…
["CHAPTER 3", "Final provisions", "Article 164"]
Entry into force
Entry into force This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
["CHAPTER 4", "Powers of the competent authorities of the host Member State", "Article 45"]
Measures following withdrawal of authorisation
Measures following withdrawal of authorisation In the event of withdrawal of authorisation, the competent authorities of the home Member State shall inform the…
["CHAPTER 1", "Transitional provisions on the supervision of institutions exercising the freedom of establishment and the freedom to provide services", "Article 154"]
Precautionary measures
Precautionary measures Before following the procedure provided for in Article 153, the competent authorities of the host Member State may, in emergencies, take…
["Section IV", "Supervisory measures and powers", "Article 107"]
Consistency of supervisory reviews, evaluations and supervisory measures
Consistency of supervisory reviews, evaluations and supervisory measures 1. Competent authorities shall inform EBA of: (a) the functioning of their review and…
["Section I", "Buffers", "Article 133"]
Requirement to maintain a systemic risk buffer
Requirement to maintain a systemic risk buffer 1. Each Member State may introduce a systemic risk buffer of Common Equity Tier 1 capital for the financial…
["CHAPTER 1", "General requirements for access to the activity of credit institutions", "Article 9"]
Prohibition against persons or undertakings other than credit institutions from carrying out the business of taking deposits or other repayable funds from the public
Prohibition against persons or undertakings other than credit institutions from carrying out the business of taking deposits or other repayable funds from the…
["Section V", "Level of application", "Article 110"]
Review and evaluation and supervisory measures
Review and evaluation and supervisory measures 1. Competent authorities shall apply the review and evaluation process referred to in Section III of this…
["CHAPTER 2", "Qualifying holding in a credit institution", "Article 22"]
Notification and assessment of proposed acquisitions
Notification and assessment of proposed acquisitions 1. Member States shall require any natural or legal person or such persons acting in concert (the…
["Section IV", "Supervisory powers, powers to impose penalties and right of appeal", "Article 64"]
Supervisory powers and powers to impose penalties
Supervisory powers and powers to impose penalties 1. Competent authorities shall be given all supervisory powers to intervene in the activity of institutions…
["TITLE II", "COMPETENT AUTHORITIES", "Article 6"]
Cooperation within the European System of Financial Supervision
Cooperation within the European System of Financial Supervision In the exercise of their duties, the competent authorities shall take into account the…
["CHAPTER 4", "Powers of the competent authorities of the host Member State", "Article 46"]
Advertising
Advertising Nothing in this Chapter shall prevent credit institutions with head offices in other Member States from advertising their services through all…
["Section IV", "Supervisory powers, powers to impose penalties and right of appeal", "Article 65"]
Administrative penalties and other administrative measures
Administrative penalties and other administrative measures 1. Without prejudice to the supervisory powers of competent authorities referred to in Article 64…
["Section I", "Principles for conducting supervision on a consolidated basis", "Article 115"]
Coordination and cooperation arrangements
Coordination and cooperation arrangements 1. In order to facilitate and establish effective supervision, the consolidating supervisor and the other competent…
["Sub-Section 3", "Governance", "Article 91"]
Management body
Management body 1. Members of the management body shall at all times be of sufficiently good repute and possess sufficient knowledge, skills and experience to…
["TITLE II", "COMPETENT AUTHORITIES", "Article 4"]
Designation and powers of the competent authorities
Designation and powers of the competent authorities 1. Member States shall designate competent authorities that carry out the functions and duties provided for…
["Section II", "Financial holding companies, mixed financial holding companies and mixed-activity holding companies", "Article 124"]
Exchange of information
Exchange of information 1. Member States shall ensure that there are no legal impediments preventing the exchange, as between undertakings included within the…
["Sub-Section 2", "Technical criteria concerning the organisation and treatment of risks", "Article 86"]
Liquidity risk
Liquidity risk 1. Competent authorities shall ensure that institutions have robust strategies, policies, processes and systems for the identification…
["CHAPTER 1", "Transitional provisions on the supervision of institutions exercising the freedom of establishment and the freedom to provide services", "Article 153"]
Measures taken by the competent authorities of the home Member State in relation to activities carried out in the host Member State
Measures taken by the competent authorities of the home Member State in relation to activities carried out in the host Member State 1. Where the competent…
["Section III", "Supervisory review and evaluation process", "Article 97"]
Supervisory review and evaluation
process — Article 97 — Supervisory review and evaluation 1. Taking into account the technical criteria set out in Article 98, the competent authorities shall…
["CHAPTER 2", "The right of establishment of credit institutions", "Article 35"]
Notification requirement and interaction between competent authorities
Notification requirement and interaction between competent authorities 1. A credit institution wishing to establish a branch within the territory of another…
["CHAPTER 1", "General requirements for access to the activity of credit institutions", "Article 16"]
Prior consultation of the competent authorities of other Member States
Prior consultation of the competent authorities of other Member States 1. The competent authority shall, before granting authorisation to a credit institution…
["Sub-Section 2", "Technical criteria concerning the organisation and treatment of risks", "Article 83"]
Market risk
Market risk 1. Competent authorities shall ensure that policies and processes for the identification, measurement and management of all material sources and…
["CHAPTER 1", "Transitional provisions on the supervision of institutions exercising the freedom of establishment and the freedom to provide services", "Article 157"]
Collaboration concerning supervision
Collaboration concerning supervision The competent authorities of the Member States concerned shall collaborate closely in order to supervise the activities of…
["Section II", "Exchange of information and professional secrecy", "Article 60"]
Disclosure of information obtained by on-the-spot checks and inspections
Disclosure of information obtained by on-the-spot checks and inspections Member States shall ensure that information received under Article 52(3), Article…
["CHAPTER 1", "Transitional provisions on the supervision of institutions exercising the freedom of establishment and the freedom to provide services", "Article 158"]
Significant branches
Significant branches 1. The competent authorities of a host Member State may make a request to the consolidating supervisor where Article 112 (1) applies or to…
["Sub-Section 1", "General principles", "Article 75"]
Oversight of remuneration policies
Oversight of remuneration policies 1. Competent authorities shall collect the information disclosed in accordance with the criteria for disclosure established…
["Sub-Section 3", "Governance", "Article 94"]
Variable elements of remuneration
Variable elements of remuneration 1. For variable elements of remuneration, the following principles shall apply in addition to, and under the same conditions…
["CHAPTER 2", "Qualifying holding in a credit institution", "Article 25"]
Notification in the case of a divestiture
Notification in the case of a divestiture Member States shall require any natural or legal person who has taken a decision to dispose, directly or indirectly…
["Sub-Section 2", "Technical criteria concerning the organisation and treatment of risks", "Article 84"]
Interest risk arising from non-trading book activities
Interest risk arising from non-trading book activities Competent authorities shall ensure that institutions implement systems to identify, evaluate and manage…
["Sub-Section 3", "Governance", "Article 88"]
Governance arrangements
Governance arrangements 1. Member States shall ensure that the management body defines, oversees and is accountable for the implementation of the governance…
["Section II", "Financial holding companies, mixed financial holding companies and mixed-activity holding companies", "Article 122"]
Requests for information and inspections
Requests for information and inspections 1. Pending further coordination of consolidation methods, Member States shall provide that, where the parent…
["Sub-Section 2", "Technical criteria concerning the organisation and treatment of risks", "Article 82"]
Securitisation risk
Securitisation risk 1. Competent authorities shall ensure that the risks arising from securitisation transactions in relation to which the credit institutions…
["CHAPTER 1", "General requirements for access to the activity of credit institutions", "Article 14"]
Shareholders and members
Shareholders and members 1. The competent authorities shall refuse authorisation to commence the activity of a credit institution unless a credit institution…
["CHAPTER 1", "General requirements for access to the activity of credit institutions", "Article 13"]
Effective direction of the business and place of the head office
Effective direction of the business and place of the head office 1. The competent authorities shall grant authorisation to commence the activity of a credit…
["Section I", "Buffers", "Article 134"]
Recognition of a systemic risk buffer rate
Recognition of a systemic risk buffer rate 1. Other Member States may recognise the systemic risk buffer rate set in accordance with Article 133 and may apply…
["Section II", "Setting and calculating countercyclical capital buffers", "Article 140"]
Calculation of institution-specific countercyclical capital buffer rates
Calculation of institution-specific countercyclical capital buffer rates 1. The institution-specific countercyclical capital buffer rate shall consist of the…
["CHAPTER 4", "Powers of the competent authorities of the host Member State", "Article 41"]
Measures taken by the competent authorities of the home Member State in relation to activities carried out in the host Member State
Measures taken by the competent authorities of the home Member State in relation to activities carried out in the host Member State 1. Where the competent…
["Section I", "Competence and duties of home and host Member States", "Article 49"]
Competence of the competent authorities of the home and host Member States
Competence of the competent authorities of the home and host Member States 1. The prudential supervision of an institution, including that of the activities it…
["Section II", "Exchange of information and professional secrecy", "Article 53"]
Professional secrecy
Professional secrecy 1. Member States shall provide that all persons working for or who have worked for the competent authorities and auditors or experts…
["Section II", "Financial holding companies, mixed financial holding companies and mixed-activity holding companies", "Article 127"]
Assessment of equivalence of third countries' consolidated supervision
Assessment of equivalence of third countries' consolidated supervision 1. Where an institution, the parent undertaking of which is an institution or a…
["Section I", "Competence and duties of home and host Member States", "Article 52"]
On-the-spot checking and inspection of branches established in another Member State
On-the-spot checking and inspection of branches established in another Member State 1. Host Member States shall provide that, where an institution authorised…
["CHAPTER 1", "General requirements for access to the activity of credit institutions", "Article 17"]
Branches of credit institutions authorised in another Member State
Branches of credit institutions authorised in another Member State Host Member States shall not require authorisation or endowment capital for branches of…
["CHAPTER 2", "The right of establishment of credit institutions", "Article 36"]
Commencement of activities
Commencement of activities 1. Before the branch of a credit institution commences its activities the competent authorities of the host Member State shall…
["Section I", "Internal capital adequacy assessment process", "Article 73"]
Internal Capital
Internal Capital Institutions shall have in place sound, effective and comprehensive strategies and processes to assess and maintain on an ongoing basis the…
["CHAPTER 3", "Final provisions", "Article 161"]
Review and report
Review and report 1. The Commission shall conduct periodic reviews of the implementation of this Directive in order to ensure that its implementation does not…
["Section II", "Financial holding companies, mixed financial holding companies and mixed-activity holding companies", "Article 120"]
Supervision of mixed financial holding companies
Supervision of mixed financial holding companies 1. Where a mixed financial holding company is subject to equivalent provisions under this Directive and under…
["Section II", "Financial holding companies, mixed financial holding companies and mixed-activity holding companies", "Article 125"]
Cooperation
Cooperation 1. Where an institution, financial holding company, mixed financial holding company or a mixed-activity holding company controls one or more…
["Section I", "Competence and duties of home and host Member States", "Article 51"]
Significant branches
Significant branches 1. The competent authorities of a host Member State may make a request to the consolidating supervisor, where Article 112 (1) applies, or…
["CHAPTER 2", "The right of establishment of credit institutions", "Article 37"]
Information about refusals
Information about refusals Member States shall inform the Commission and EBA of the number and type of cases in which there has been a refusal pursuant to…
["Section III", "Capital conservation measures", "Article 142"]
Capital Conservation Plan
Capital Conservation Plan 1. Where an institution fails to meet its combined buffer requirement, it shall prepare a capital conservation plan and submit it to…
["Section II", "Setting and calculating countercyclical capital buffers", "Article 139"]
Decision by designated authorities on third country countercyclical buffer rates
Decision by designated authorities on third country countercyclical buffer rates 1. This Article applies irrespective of whether the ESRB has issued a…
["Section I", "Principles for conducting supervision on a consolidated basis", "Article 111"]
Determination of the consolidating supervisor
Determination of the consolidating supervisor 1. Where a parent undertaking is a parent institution in a Member State or an EU parent institution, supervision…
["Section I", "Principles for conducting supervision on a consolidated basis", "Article 114"]
Information requirements in emergency situations
Information requirements in emergency situations 1. Where an emergency situation, including a situation as described in Article 18 of Regulation (EU) No…
["Sub-Section 2", "Technical criteria concerning the organisation and treatment of risks", "Article 78"]
Supervisory benchmarking of internal approaches for calculating own funds requirements
Supervisory benchmarking of internal approaches for calculating own funds requirements 1. Competent authorities shall ensure that institutions permitted to use…
["CHAPTER 4", "Powers of the competent authorities of the host Member State", "Article 43"]
Precautionary measures
Precautionary measures 1. Before following the procedure set out in Article 41, the competent authorities of the host Member State may, in emergency…
["TITLE X", "AMENDMENTS OF DIRECTIVE 2002/87/EC", "Article 150"]
Amendments of Directive 2002/87/EC
Amendments of Directive 2002/87/EC Article 21a of Directive 2002/87/EC is hereby amended as follows: (a) in paragraph 2, point (a) is deleted; (b) paragraph 3…
["TITLE I", "SUBJECT MATTER, SCOPE AND DEFINITIONS", "Article 2"]
Scope
Scope 1. This Directive shall apply to institutions. 2. Article 30 shall apply to local firms. 3. Article 31 shall apply to the firms referred to in point…
["CHAPTER 1", "General Principles", "Article 33"]
Credit institutions
Credit institutions Member States shall provide that the activities listed in Annex I may be carried out within their territories, in accordance with Article…
["TITLE IX", "DELEGATED AND IMPLEMENTING ACTS", "Article 149"]
Objections to regulatory technical standards
Objections to regulatory technical standards Where the Commission adopts a regulatory technical standard pursuant to this Directive which is the same as the…
["Section IV", "Supervisory powers, powers to impose penalties and right of appeal", "Article 66"]
Administrative penalties and other administrative measures for breaches of authorisation requirements and requirements for acquisitions of qualifying holdings
Administrative penalties and other administrative measures for breaches of authorisation requirements and requirements for acquisitions of qualifying holdings…
["Section II", "Exchange of information and professional secrecy", "Article 56"]
Exchange of information between authorities
Exchange of information between authorities Article 53(1) and Article 54 shall not preclude the exchange of information between competent authorities within a…
["Section I", "Principles for conducting supervision on a consolidated basis", "Article 116"]
Colleges of supervisors
Colleges of supervisors 1. The consolidating supervisor shall establish colleges of supervisors to facilitate the exercise of the tasks referred to in Articles…
["CHAPTER 2", "Qualifying holding in a credit institution", "Article 23"]
Assessment criteria
Assessment criteria (1), of any member of the management body and any member of senior management who will direct the business of the credit institution as a…
["Section II", "Setting and calculating countercyclical capital buffers", "Article 140"]
Calculation of institution-specific countercyclical capital buffer rates
Calculation of institution-specific countercyclical capital buffer rates (3) of Regulation (EU) No 575/2013, Member States shall ensure that the following…
["TITLE IX", "DELEGATED AND IMPLEMENTING ACTS", "Article 145"]
Delegated Acts
Delegated Acts (3) where the Commission report submitted pursuant to the first subparagraph of that paragraph identifies significant negative effects; (i)…
["Sub-Section 1", "General principles", "Article 74"]
Internal governance and recovery and resolution plans
Internal governance and recovery and resolution plans 4. Competent authorities shall ensure that recovery plans for the restoration of an institution's…
["Sub-Section 2", "Technical criteria concerning the organisation and treatment of risks", "Article 86"]
Liquidity risk
Liquidity risk 4. Competent authorities shall ensure that institutions develop methodologies for the identification, measurement, management and monitoring of…
["Section II", "Financial holding companies, mixed financial holding companies and mixed-activity holding companies", "Article 127"]
Assessment of equivalence of third countries' consolidated supervision
Assessment of equivalence of third countries' consolidated supervision 2. The Commission may request the European Banking Committee to give general guidance as…
["Section I", "Principles for conducting supervision on a consolidated basis", "Article 116"]
Colleges of supervisors
Colleges of supervisors 2. The competent authorities participating in the colleges of supervisors and EBA shall cooperate closely. The confidentiality…
["Section I", "Principles for conducting supervision on a consolidated basis", "Article 117"]
Cooperation obligations
Cooperation obligations (3), Article 74 (1) and Article 109 (2), and of the competent authorities of the regulated entities in the group; (b) procedures for…
["Sub-Section 2", "Technical criteria concerning the organisation and treatment of risks", "Article 76"]
Treatment of risks
Treatment of risks 3. Member States shall ensure that institutions that are significant in terms of their size, internal organisation and the nature, scope and…
["TITLE II", "COMPETENT AUTHORITIES", "Article 4"]
Designation and powers of the competent authorities
Designation and powers of the competent authorities 6. Member States shall ensure that institutions register all their transactions and document systems and…
["Section IV", "Supervisory powers, powers to impose penalties and right of appeal", "Article 65"]
Administrative penalties and other administrative measures
Administrative penalties and other administrative measures 3. Competent authorities shall have all information gathering and investigatory powers that are…
["CHAPTER 3", "Final provisions", "Article 161"]
Review and report
Review and report (3) and Article 79(b). Those reports shall also outline the degree of supervisory convergence in that regard. 4. By 31 December 2014, the…
["Section III", "Supervisory review and evaluation process", "Article 99"]
Supervisory examination programme
Supervisory examination programme (1) and Article 100, or the outcome of the supervisory review and evaluation process under Article 97, indicate significant…
["Sub-Section 3", "Governance", "Article 92"]
Remuneration policies
Remuneration policies 2. Competent authorities shall ensure that, when establishing and applying the total remuneration policies, inclusive of salaries and…
["Section III", "Supervisory review and evaluation process", "Article 97"]
Supervisory review and evaluation
process — Article 97 — Supervisory review and evaluation (2). 5. Member States shall ensure that where a review shows that an institution may pose systemic…
["CHAPTER 3", "Final provisions", "Article 162"]
Transposition
Transposition (1)(g) shall require institutions to apply the principles laid down therein to remuneration awarded for services provided or performance from the…
["TITLE I", "SUBJECT MATTER, SCOPE AND DEFINITIONS", "Article 2"]
Scope
Scope (15) in Hungary, the ‧MFB Magyar Fejlesztési Bank Zártkörűen Működő Részvénytársaság‧ and the ‧Magyar Export-Import Bank Zártkörűen Működő…
["Section I", "Competence and duties of home and host Member States", "Article 51"]
Significant branches
Significant branches (1) applies, the consolidating supervisor, shall do everything within their power to reach a joint decision on the designation of a branch…
["TITLE VI", "RELATIONS WITH THIRD COUNTRIES", "Article 48"]
Cooperation with supervisory authorities of third countries regarding supervision on a consolidated basis
Cooperation with supervisory authorities of third countries regarding supervision on a consolidated basis 3. Without prejudice to Article 218 TFEU, the…
["CHAPTER 2", "Transitional provisions for capital buffers", "Article 160"]
Transitional provisions for capital buffers
— Article 160 — Transitional provisions for capital buffers (3) of Regulation (EU) No 575/2013. 5. The requirement for a capital conservation plan and the…
["Section II", "Setting and calculating countercyclical capital buffers", "Article 139"]
Decision by designated authorities on third country countercyclical buffer rates
Decision by designated authorities on third country countercyclical buffer rates (3) of Regulation (EU) No 575/2013 of institutions that have credit exposures…
["TITLE IV", "INITIAL CAPITAL OF INVESTMENT FIRMS", "Article 32"]
Grandfathering provision
Grandfathering provision (3) or Article 30. Nevertheless, during any period when the level specified in Article 28 (2), Article 29 (1) or (3) or Article 30 has…
["Sub-Section 2", "Technical criteria concerning the organisation and treatment of risks", "Article 77"]
Internal Approaches for calculating own funds requirements
Internal Approaches for calculating own funds requirements 4. EBA shall develop draft regulatory technical standards to further define the notion ‧exposures to…
["Section IV", "Supervisory measures and powers", "Article 104"]
Supervisory powers
Supervisory powers (4) and Articles 102 and 103 and the application of Regulation (EU) No 575/2013, competent authorities shall have at least the following…
["Section II", "Exchange of information and professional secrecy", "Article 57"]
Exchange of information with oversight bodies
Exchange of information with oversight bodies (1); (c) where the information originates in another Member State, that it is not disclosed without the express…
["TITLE VIII", "DISCLOSURE BY COMPETENT AUTHORITIES", "Article 144"]
Specific disclosure requirements
Specific disclosure requirements (3) of that Regulation, represented by own funds which are held in subsidiaries in a third country; (iii) the percentage of…
["Section III", "Supervisory review and evaluation process", "Article 101"]
Ongoing review of the permission to use internal approaches
Ongoing review of the permission to use internal approaches 4. If an institution has received permission to apply an approach that requires permission by the…
["CHAPTER 1", "General Principles", "Article 34"]
Financial institutions
Financial institutions (2) and Articles 40 to 46, either by establishing a branch or by providing services, by any financial institution from another Member…
["Sub-Section 3", "Governance", "Article 89"]
Country-by-country reporting
Country-by-country reporting 4. The information referred to in paragraph 1 shall be audited in accordance with Directive 2006/43/EC and shall be published…
["CHAPTER 2", "Qualifying holding in a credit institution", "Article 26"]
Information obligations and penalties
Information obligations and penalties (1) and subject to Articles 65 to 72. If a holding is acquired despite opposition by the competent authorities, Member…
["Section I", "Buffers", "Article 131"]
Global and other systemically important institutions
Global and other systemically important institutions 1. Systemic importance shall be assessed on the basis of at least any of the following criteria: (a) size…
["Section I", "Buffers", "Article 130"]
Requirement to maintain an institution-specific countercyclical capital buffer
Requirement to maintain an institution-specific countercyclical capital buffer 5. Institutions shall meet the requirement imposed by paragraph 1 with Common…
["Section III", "Duty of persons responsible for the legal control of annual and consolidated accounts", "Article 63"]
Duty of persons responsible for the legal control of annual and consolidated accounts
— Article 63 — Duty of persons responsible for the legal control of annual and consolidated accounts (28) Article 73 of Directive 2009/65/EC, or any other…
["Sub-Section 3", "Governance", "Article 94"]
Variable elements of remuneration
Variable elements of remuneration (2): (a) where remuneration is performance related, the total amount of remuneration is based on a combination of the…
["CHAPTER 4", "Powers of the competent authorities of the host Member State", "Article 43"]
Precautionary measures
Precautionary measures 5. The Commission, EBA and the competent authorities of the other Member States concerned shall be informed of precautionary measures…
["Section I", "Principles for conducting supervision on a consolidated basis", "Article 113"]
Joint decisions on institution-specific prudential requirements
Joint decisions on institution-specific prudential requirements (1)(a) to the other relevant competent authorities; (b) for the purposes of paragraph 1(b)…
["Section II", "Setting and calculating countercyclical capital buffers", "Article 136"]
Setting countercyclical buffer rates
Setting countercyclical buffer rates (3) of Regulation (EU) No 575/2013 of institutions that have credit exposures in that Member State, shall be between 0 %…
["CHAPTER 2", "Qualifying holding in a credit institution", "Article 22"]
Notification and assessment of proposed acquisitions
Notification and assessment of proposed acquisitions (1) (the "assessment"). The competent authorities shall inform the proposed acquirer of the date of the…
["Section III", "Supervisory review and evaluation process", "Article 98"]
Technical criteria for the supervisory review and evaluation
Technical criteria for the supervisory review and evaluation 2. For the purposes of point (e) of paragraph 1, the competent authorities shall regularly carry…
["CHAPTER 2", "The right of establishment of credit institutions", "Article 35"]
Notification requirement and interaction between competent authorities
Notification requirement and interaction between competent authorities (4) of Regulation (EU) No 575/2013 of the credit institution which is its parent…
["CHAPTER 1", "General requirements for access to the activity of credit institutions", "Article 14"]
Shareholders and members
Shareholders and members (2) and (3) and Article 24 shall apply. 3. Where close links exist between the credit institution and other natural or legal persons…
["TITLE I", "SUBJECT MATTER, SCOPE AND DEFINITIONS", "Article 3"]
Definitions
Definitions (11) ‧model risk‧ means the potential loss an institution may incur, as a consequence of decisions that could be principally based on the output of…
["Section IV", "Supervisory powers, powers to impose penalties and right of appeal", "Article 68"]
Publication of administrative penalties
Publication of administrative penalties 4. By 18 July 2015 EBA shall submit a report to the Commission on the publication of penalties by Member States on an…
["Section II", "Financial holding companies, mixed financial holding companies and mixed-activity holding companies", "Article 124"]
Exchange of information
Exchange of information (3), of any information which would be relevant for the purposes of supervision in accordance with Article 110 and Chapter 3. 2. Where…
["Sub-Section 2", "Technical criteria concerning the organisation and treatment of risks", "Article 78"]
Supervisory benchmarking of internal approaches for calculating own funds requirements
Supervisory benchmarking of internal approaches for calculating own funds requirements 3. Competent authorities shall, on the basis of the information…
["Section V", "Level of application", "Article 108"]
Internal capital adequacy assessment process
Internal capital adequacy assessment process 3. Competent authorities shall require institutions controlled by a parent financial holding company or a parent…
["Sub-Section 3", "Governance", "Article 91"]
Management body
Management body (7) of Regulation (EU) No 575/2013 are fulfilled; or (ii) undertakings (including non-financial entities) in which the institution holds a…
["Section I", "Competence and duties of home and host Member States", "Article 50"]
Collaboration concerning supervision
Collaboration concerning supervision 4. The competent authorities of the home Member State shall communicate and explain upon request to the competent…
["CHAPTER 1", "Transitional provisions on the supervision of institutions exercising the freedom of establishment and the freedom to provide services", "Article 158"]
Significant branches
Significant branches (1) applies, shall do everything within their power to reach a joint decision on the designation of a branch as being significant. If no…
["CHAPTER 2", "The right of establishment of credit institutions", "Article 36"]
Commencement of activities
Commencement of activities (2), a credit institution shall give written notice of the change in question to the competent authorities of the home and host…
["Section I", "Buffers", "Article 129"]
Requirement to maintain a capital conservation buffer
Requirement to maintain a capital conservation buffer (31). 5. Institutions shall not use Common Equity Tier 1 capital that is maintained to meet the…
["Section I", "Buffers", "Article 133"]
Requirement to maintain a systemic risk buffer
Requirement to maintain a systemic risk buffer 4. Institutions shall not use Common Equity Tier 1 capital that is maintained to meet the requirement under…
["CHAPTER 4", "Powers of the competent authorities of the host Member State", "Article 41"]
Measures taken by the competent authorities of the home Member State in relation to activities carried out in the host Member State
Measures taken by the competent authorities of the home Member State in relation to activities carried out in the host Member State (3) of that Regulation…
["Section I", "Competence and duties of home and host Member States", "Article 52"]
On-the-spot checking and inspection of branches established in another Member State
On-the-spot checking and inspection of branches established in another Member State 3. The competent authorities of the host Member State shall have the power…
["TITLE IV", "INITIAL CAPITAL OF INVESTMENT FIRMS", "Article 29"]
Initial capital of particular types of investment firms
Initial capital of particular types of investment firms 4. The holding of non-trading-book positions in financial instruments in order to invest own funds…
["Section II", "Exchange of information and professional secrecy", "Article 58"]
Transmission of information concerning monetary, deposit protection, systemic and payment aspects
Transmission of information concerning monetary, deposit protection, systemic and payment aspects (1), the competent authorities communicate, without delay…
["Section III", "Capital conservation measures", "Article 141"]
Restrictions on distributions
Restrictions on distributions 5. The sum to be multiplied in accordance with paragraph 4 shall consist of: (a) interim profits not included in Common Equity…
["Section I", "Principles for conducting supervision on a consolidated basis", "Article 111"]
Determination of the consolidating supervisor
Determination of the consolidating supervisor 4. Where more than one institution authorised in the Union has as its parent the same financial holding company…
["Section IV", "Supervisory powers, powers to impose penalties and right of appeal", "Article 66"]
Administrative penalties and other administrative measures for breaches of authorisation requirements and requirements for acquisitions of qualifying holdings
Administrative penalties and other administrative measures for breaches of authorisation requirements and requirements for acquisitions of qualifying holdings…
["Section IV", "Supervisory powers, powers to impose penalties and right of appeal", "Article 67"]
Other provisions
Other provisions (1) of Regulation (EU) No 575/2013; (h) an institution fails to report information or provides incomplete or inaccurate information on…
["Sub-Section 3", "Governance", "Article 88"]
Governance arrangements
Governance arrangements 2. Member States shall ensure that institutions which are significant in terms of their size, internal organisation and the nature…
["Section II", "Exchange of information and professional secrecy", "Article 59"]
Transmission of information to other entities
Transmission of information to other entities (1); (d) where the information originates in another Member State that it is not disclosed without the express…
["Sub-Section 3", "Governance", "Article 88"]
Governance arrangements
Governance arrangements (2)(c) of Regulation (EU) No 575/2013; (b) periodically, and at least annually, assess the structure, size, composition and performance…
["Section IV", "Supervisory powers, powers to impose penalties and right of appeal", "Article 66"]
Administrative penalties and other administrative measures for breaches of authorisation requirements and requirements for acquisitions of qualifying holdings
Administrative penalties and other administrative measures for breaches of authorisation requirements and requirements for acquisitions of qualifying holdings…
["Section III", "Supervisory review and evaluation process", "Article 98"]
Technical criteria for the supervisory review and evaluation
Technical criteria for the supervisory review and evaluation 5. The review and evaluation performed by competent authorities shall include the exposure of…
["Section I", "Competence and duties of home and host Member States", "Article 51"]
Significant branches
Significant branches (1). The competent authorities of the home Member State shall communicate to the competent authorities of the host Member States where…
["CHAPTER 3", "Final provisions", "Article 161"]
Review and report
Review and report 9. By 1 July 2014, EBA shall report to the Commission on credit institutions' use of and benefits from ESCB central banks longer-term…
["Section IV", "Supervisory powers, powers to impose penalties and right of appeal", "Article 67"]
Other provisions
Other provisions (1) of Regulation (EU) No 575/2013; (n) an institution makes payments to holders of instruments included in the own funds of the institution…
["Sub-Section 3", "Governance", "Article 94"]
Variable elements of remuneration
Variable elements of remuneration or owners or members of the institution to approve a higher maximum level of the ratio between the fixed and variable…
["Section II", "Setting and calculating countercyclical capital buffers", "Article 140"]
Calculation of institution-specific countercyclical capital buffer rates
Calculation of institution-specific countercyclical capital buffer rates (3) of Regulation (EU) No 575/2013, Member States shall ensure that the following…
["Section I", "Principles for conducting supervision on a consolidated basis", "Article 117"]
Cooperation obligations
Cooperation obligations (1) of that Regulation. 3. The competent authorities responsible for the supervision of institutions controlled by an EU parent…
["CHAPTER 2", "Qualifying holding in a credit institution", "Article 23"]
Assessment criteria
Assessment criteria (21) is being or has been committed or attempted, or that the proposed acquisition could increase the risk thereof. 2. The competent…
["Section I", "Competence and duties of home and host Member States", "Article 50"]
Collaboration concerning supervision
Collaboration concerning supervision (1) of that Regulation. 6. EBA shall develop draft regulatory technical standards to specify the information referred to…
["Section IV", "Supervisory measures and powers", "Article 104"]
Supervisory powers
Supervisory powers restrictions on maturity mismatches between assets and liabilities; (l) to require additional disclosures. 2. The additional own funds…
["Sub-Section 2", "Technical criteria concerning the organisation and treatment of risks", "Article 78"]
Supervisory benchmarking of internal approaches for calculating own funds requirements
Supervisory benchmarking of internal approaches for calculating own funds requirements 6. EBA may issue guidelines and recommendations in accordance with…
["Sub-Section 2", "Technical criteria concerning the organisation and treatment of risks", "Article 76"]
Treatment of risks
Treatment of risks 4. Member States shall ensure that the management body in its supervisory function and, where a risk committee has been established, the…
["Section II", "Setting and calculating countercyclical capital buffers", "Article 136"]
Setting countercyclical buffer rates
Setting countercyclical buffer rates 7. Each designated authority shall announce the quarterly setting of the countercyclical buffer rate by publication on its…
["CHAPTER 1", "General Principles", "Article 34"]
Financial institutions
Financial institutions compliance with the conditions set out in the first subparagraph and shall supply the financial institution with a certificate of…
["TITLE VIII", "DISCLOSURE BY COMPETENT AUTHORITIES", "Article 144"]
Specific disclosure requirements
Specific disclosure requirements (1) of that Regulation represented by own funds which are held in subsidiaries in a third country.
["TITLE I", "SUBJECT MATTER, SCOPE AND DEFINITIONS", "Article 3"]
Definitions
Definitions (24) ‧parent institution in a Member State‧ means parent institution in a Member State as defined in point (28) of Article 4 (1) of Regulation (EU)…
["Section I", "Principles for conducting supervision on a consolidated basis", "Article 116"]
Colleges of supervisors
Colleges of supervisors 6. The competent authorities responsible for the supervision of subsidiaries of an EU parent institution or an EU parent financial…
["Section II", "Financial holding companies, mixed financial holding companies and mixed-activity holding companies", "Article 127"]
Assessment of equivalence of third countries' consolidated supervision
Assessment of equivalence of third countries' consolidated supervision 3. In the absence of such equivalent supervision, Member States shall apply this…
["Section I", "Buffers", "Article 131"]
Global and other systemically important institutions
Global and other systemically important institutions 6. When requiring an O-SII buffer to be maintained the competent authority or the designated authority…
["Sub-Section 3", "Governance", "Article 91"]
Management body
Management body (2)(c) of Regulation (EU) No 575/2013 and shall use it to benchmark diversity practices. The competent authorities shall provide EBA with that…
["Section IV", "Supervisory powers, powers to impose penalties and right of appeal", "Article 65"]
Administrative penalties and other administrative measures
Administrative penalties and other administrative measures subject matter of an investigation; (c) the power, subject to other conditions set out in Union law…
["Section I", "Buffers", "Article 133"]
Requirement to maintain a systemic risk buffer
Requirement to maintain a systemic risk buffer 7. Where paragraph 5 applies and an institution is part of a group or a sub-group to which a G-SII or an O-SII…
["Sub-Section 2", "Technical criteria concerning the organisation and treatment of risks", "Article 86"]
Liquidity risk
Liquidity risk 8. Competent authorities shall ensure that institutions consider alternative scenarios on liquidity positions and on risk mitigants and review…
["CHAPTER 2", "Qualifying holding in a credit institution", "Article 22"]
Notification and assessment of proposed acquisitions
Notification and assessment of proposed acquisitions 5. If the competent authorities decide to oppose the proposed acquisition, they shall, within two working…
["CHAPTER 1", "Transitional provisions on the supervision of institutions exercising the freedom of establishment and the freedom to provide services", "Article 158"]
Significant branches
Significant branches (1). 5. Where Article 116 does not apply, the competent authorities supervising a institution with significant branches in other Member…
["Section I", "Principles for conducting supervision on a consolidated basis", "Article 113"]
Joint decisions on institution-specific prudential requirements
Joint decisions on institution-specific prudential requirements (3) of that Regulation, and shall take its decision in conformity with the decision of EBA. The…
["Sub-Section 3", "Governance", "Article 92"]
Remuneration policies
Remuneration policies been established, by the management body in its supervisory function; (g) the remuneration policy, taking into account national criteria…
["Section III", "Capital conservation measures", "Article 141"]
Restrictions on distributions
Restrictions on distributions (3) of that Regulation, is within the second quartile of the combined buffer requirement, the factor shall be 0,2; (c) where the…
["Sub-Section 2", "Technical criteria concerning the organisation and treatment of risks", "Article 78"]
Supervisory benchmarking of internal approaches for calculating own funds requirements
Supervisory benchmarking of internal approaches for calculating own funds requirements 9. The Commission shall, by 1 April 2015 and after consulting EBA…
["Section II", "Setting and calculating countercyclical capital buffers", "Article 140"]
Calculation of institution-specific countercyclical capital buffer rates
Calculation of institution-specific countercyclical capital buffer rates (1); (b) institutions shall apply the countercyclical buffer rate set by the relevant…
["Section I", "Buffers", "Article 133"]
Requirement to maintain a systemic risk buffer
Requirement to maintain a systemic risk buffer 11. Before setting or resetting a systemic risk buffer rate of up to 3 %, the competent authority or the…
["Section I", "Buffers", "Article 131"]
Global and other systemically important institutions
Global and other systemically important institutions (3) of Regulation (EU) No 575/2013; and (b) the G-SII or O-SII buffer rate applicable to the group at…
["Section III", "Capital conservation measures", "Article 141"]
Restrictions on distributions
Restrictions on distributions 8. Where an institution fails to meet the combined buffer requirement and intends to distribute any of its distributable profits…
["Sub-Section 2", "Technical criteria concerning the organisation and treatment of risks", "Article 86"]
Liquidity risk
Liquidity risk 11. Competent authorities shall ensure that institutions have in place liquidity recovery plans setting out adequate strategies and proper…
["TITLE I", "SUBJECT MATTER, SCOPE AND DEFINITIONS", "Article 3"]
Definitions
Definitions (35) ‧close links‧ means close links as defined in point (38) of Article 4 (1) of Regulation (EU) No 575/2013; (36) ‧competent authority‧ means…
["Section IV", "Supervisory powers, powers to impose penalties and right of appeal", "Article 67"]
Other provisions
Other provisions (2), a temporary ban against a member of the institution's management body or any other natural person, who is held responsible, from…
["Sub-Section 3", "Governance", "Article 94"]
Variable elements of remuneration
Variable elements of remuneration the institution shall, without delay, inform the competent authority of the decisions taken by its shareholders or owners or…
["Section I", "Principles for conducting supervision on a consolidated basis", "Article 116"]
Colleges of supervisors
Colleges of supervisors (2). 9. The consolidating supervisor, subject to the confidentiality requirements under Chapter 1, Section II, of this Directive, and…
["Section I", "Competence and duties of home and host Member States", "Article 51"]
Significant branches
Significant branches 50. The establishment and functioning of the college shall be based on written arrangements to be determined, after consulting the…
["Section I", "Principles for conducting supervision on a consolidated basis", "Article 113"]
Joint decisions on institution-specific prudential requirements
Joint decisions on institution-specific prudential requirements (3) of that Regulation, and shall take their decision in conformity with the decision of EBA…
["Section IV", "Supervisory measures and powers", "Article 104"]
Supervisory powers
Supervisory powers (5) of Regulation (EU) No 575/2013 that the stress test results referred to in that Article materially exceed its own funds requirement for…
["Sub-Section 2", "Technical criteria concerning the organisation and treatment of risks", "Article 76"]
Treatment of risks
Treatment of risks (30), ensure that institutions have a risk management function independent from the operational functions and which shall have sufficient…
["Section I", "Buffers", "Article 133"]
Requirement to maintain a systemic risk buffer
Requirement to maintain a systemic risk buffer 12. Before setting or resetting a systemic risk buffer rate of above 3 %, the competent authority or the…
["Section I", "Principles for conducting supervision on a consolidated basis", "Article 113"]
Joint decisions on institution-specific prudential requirements
Joint decisions on institution-specific prudential requirements (1)(a) and Article 105. In the latter case, the update may be addressed on a bilateral basis…
["Section II", "Setting and calculating countercyclical capital buffers", "Article 140"]
Calculation of institution-specific countercyclical capital buffer rates
Calculation of institution-specific countercyclical capital buffer rates (2)(c) if the effect of that decision is to increase the buffer rate; (b) subject to…
["Section I", "Competence and duties of home and host Member States", "Article 51"]
Significant branches
Significant branches 5. EBA shall develop draft implementing technical standards in order to determine the operational functioning of colleges of supervisors…
["Section III", "Capital conservation measures", "Article 141"]
Restrictions on distributions
Restrictions on distributions (1)(a) of that Regulation; (d) a repayment of amounts paid up in connection with capital instruments referred to in Article 26…
["Section I", "Buffers", "Article 131"]
Global and other systemically important institutions
Global and other systemically important institutions 10. Without prejudice to paragraphs 1 and 9, the competent authority or the designated authority may, in…
["TITLE I", "SUBJECT MATTER, SCOPE AND DEFINITIONS", "Article 3"]
Definitions
Definitions (49) ‧credit risk mitigation‧ means credit risk mitigation as defined in point (57) of Article 4 (1) of Regulation (EU) No 575/2013; (50)…
["Sub-Section 3", "Governance", "Article 94"]
Variable elements of remuneration
Variable elements of remuneration or buy out from contracts in previous employment must align with the long-term interests of the institution including…
["Section I", "Buffers", "Article 133"]
Requirement to maintain a systemic risk buffer
Requirement to maintain a systemic risk buffer 11. When setting or resetting a systemic risk buffer rate above 5 % the procedures set out in paragraph 12 shall…
["TITLE I", "SUBJECT MATTER, SCOPE AND DEFINITIONS", "Article 3"]
Definitions
Definitions (3) of Regulation (EU) No 575/2013. 2. Where this Directive refers to the management body and, pursuant to national law, the managerial and…
["Section I", "Buffers", "Article 131"]
Global and other systemically important institutions
Global and other systemically important institutions 13. Systemically important institutions shall not use Common Equity Tier 1 capital that is maintained to…
["Sub-Section 3", "Governance", "Article 94"]
Variable elements of remuneration
Variable elements of remuneration in any event at least 40 %, of the variable remuneration component is deferred over a period which is not less than three to…
["Section II", "Setting and calculating countercyclical capital buffers", "Article 140"]
Calculation of institution-specific countercyclical capital buffer rates
Calculation of institution-specific countercyclical capital buffer rates (2)(c), if the effect of that decision is to increase the buffer rate; (d) a…
["Sub-Section 3", "Governance", "Article 94"]
Variable elements of remuneration
Variable elements of remuneration the business strategy, objectives, values and long-term interests of the institution. If the employee leaves the institution…
["Section I", "Buffers", "Article 133"]
Requirement to maintain a systemic risk buffer
Requirement to maintain a systemic risk buffer 15. Within one month of the notification referred to in paragraph 12, the ESRB shall provide the Commission with…
["Section I", "Buffers", "Article 131"]
Global and other systemically important institutions
Global and other systemically important institutions 17. Where paragraph 15 applies and an institution is part of a group or a sub-group to which a G-SII or an…
["Section I", "Buffers", "Article 133"]
Requirement to maintain a systemic risk buffer
Requirement to maintain a systemic risk buffer (1) of Regulation (EU) No 1093/2010. Within two months of notification, the Commission, taking into account the…

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