Assessment criteria
Amendment details
In assessing the notification provided for in Article 22(1) and the information referred to in Article 22(3), the competent authorities shall, in order to ensure the sound and prudent management of the credit institution in which an acquisition is proposed, and having regard to the likely influence of the proposed acquirer on that credit institution, assess the suitability of the proposed acquirer and the financial soundness of the proposed acquisition in accordance with the following criteria:
the reputation of the proposed acquirer;
the reputation, knowledge, skills and experience, as set out in Article 91(1), of any member of the management body who will direct the business of the credit institution as a result of the proposed acquisition;
the financial soundness of the proposed acquirer, in particular in relation to the type of business pursued and envisaged in the credit institution in which the acquisition is proposed;
whether the credit institution will be able to comply and continue to comply with the prudential requirements based on this Directive and Regulation (EU) No 575/2013, and where applicable, other Union law, in particular Directives 2002/87/EC and 2009/110/EC, including whether the group of which it will become a part has a structure that makes it possible to exercise effective supervision, effectively exchange information among the competent authorities and determine the allocation of responsibilities among the competent authorities;
whether there are reasonable grounds to suspect that, in connection with the proposed acquisition, money laundering or terrorist financing within the meaning of Article 1 (opens EUR-Lex in a new tab) of Directive (EU) 2015/849 (opens EUR-Lex in a new tab) of the European Parliament and of the Council ((11)) is being or has been committed or attempted, or that the proposed acquisition could increase the risk thereof.
For the purpose of assessing the criterion set out in the first subparagraph, point (e), of this paragraph, competent authorities shall consult, in the context of their verifications, the authorities responsible for supervising the credit institutions in accordance with Directive (EU) 2015/849 (opens EUR-Lex in a new tab).
Competent authorities may object to the proposed acquisition where the proposed acquirer is situated in a third country listed as a high-risk third country that has strategic deficiencies in its anti-money laundering and counter-terrorist financing regime, in accordance with Article 9 (opens EUR-Lex in a new tab) of Directive (EU) 2015/849 (opens EUR-Lex in a new tab), or in a third country that is subject to Union restrictive measures and it is assessed by the competent authority that it affects the capacity of the proposed acquirer to have in place the required practices and processes to comply with the requirements of the anti-money laundering and counter-terrorist financing regime.
The competent authorities may oppose the proposed acquisition only if there are reasonable grounds for doing so on the basis of the criteria set out in paragraph 1 or if the information provided by the proposed acquirer is incomplete.
For the purposes of this paragraph and with regard to the criterion set out in paragraph 1, point (e), of this Article, a negative opinion by the authorities responsible for supervising the credit institutions in accordance with Directive (EU) 2015/849 (opens EUR-Lex in a new tab), received by the competent authorities within 30 working days of the initial request, shall be duly taken into consideration by the competent authorities when assessing the proposed acquisition and may constitute a reasonable ground for opposition.
Member States shall neither impose any prior conditions in respect of the level of holding that must be acquired nor allow their competent authorities to examine the proposed acquisition in terms of the economic needs of the market.
Member States shall publish a list specifying the information that is necessary to carry out the assessment and that must be provided to the competent authorities at the time of notification referred to in Article 22(1). The information required shall be proportionate and adapted to the nature of the proposed acquirer and the proposed acquisition. Member States shall not require information that is not relevant for a prudential assessment.
Notwithstanding Article 22(2), (3) and (4), where two or more proposals to acquire or increase qualifying holdings in the same credit institution have been notified to the competent authority, the latter shall treat the proposed acquirers in a non-discriminatory manner.
EBA shall develop draft regulatory technical standards to specify the list of minimum information to be provided by the proposed acquirer to the competent authority at the time of the notification referred to in Article 22(1).
For the purposes of the first subparagraph, EBA shall take into consideration Title II of Directive (EU) 2017/1132 (opens EUR-Lex in a new tab) of the European Parliament and of the Council ((12)).
EBA shall submit those draft regulatory technical standards to the Commission by 10 January 2026.
Power is delegated to the Commission to supplement this Directive by adopting the regulatory technical standards referred to in the first subparagraph of this paragraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010.