Specific requirements for authorisation of credit institutions referred to in point (1)(b) of Article 4(1) of Regulation (EU) No 575/2013
On this provision: 1 technical standard
Amendment details
Member States shall require the undertakings referred to in point (1)(b) of Article 4(1) of Regulation (EU) No 575/2013 which have already obtained an authorisation pursuant to Title II of Directive 2014/65/EU (opens EUR-Lex in a new tab) to submit an application for authorisation in accordance with Article 8, at the latest on the day when either of the following events takes place:
the average of monthly total assets, calculated over a period of 12 consecutive months, is equal to or exceeds EUR 30 billion; or
the average of monthly total assets calculated over a period of 12 consecutive months is less than EUR 30 billion, and the undertaking is part of a group in which the total value of the consolidated assets of all undertakings in the group that individually have total assets of less than EUR 30 billion and that carry out any of the activities referred to in points (3) and (6) of Section A of Annex I (opens EUR-Lex in a new tab) to Directive 2014/65/EU (opens EUR-Lex in a new tab) is equal to or exceeds EUR 30 billion, both calculated as an average over a period of 12 consecutive months.
The undertakings referred to in paragraph 1 of this Article may continue carrying out the activities referred to in point (1)(b) of Article 4(1) of Regulation (EU) No 575/2013 until they obtain the authorisation referred to in paragraph 1 of this Article.
By way of derogation from paragraph 1 of this Article, the undertakings referred to in point (1)(b) of Article 4(1) of Regulation (EU) No 575/2013 that on 24 December 2019 carry out activities as investment firms authorised under Directive 2014/65/EU (opens EUR-Lex in a new tab) shall apply for authorisation in accordance with Article 8 of this Directive by 27 December 2020.
Where the competent authority, after receiving the information in accordance with Article 95a (opens EUR-Lex in a new tab) of Directive 2014/65/EU (opens EUR-Lex in a new tab), determines that an undertaking is to be authorised as a credit institution in accordance with Article 8 of this Directive, it shall notify the undertaking and the competent authority as defined in point (26) (opens EUR-Lex in a new tab) of Article 4(1) (opens EUR-Lex in a new tab) of Directive 2014/65/EU (opens EUR-Lex in a new tab) and shall take over the authorisation procedure from the date of that notification.
In cases of reauthorisation, the authorising competent authority shall ensure that the process is as streamlined as possible and that information from existing authorisations is taken into account.
EBA shall develop draft regulatory technical standards to specify:
the information to be provided by the undertaking to the competent authorities in the application for the authorisation, including the programme of operations provided for in Article 10;
the methodology for calculating the thresholds referred to in paragraph 1.
Power is delegated to the Commission to supplement this Directive by adopting the regulatory technical standards referred to in points (a) and (b) of the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010.
EBA shall submit those draft regulatory technical standards to the Commission by 26 December 2020.