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Banking Rule Book
Text applicable on 7 Oct 2026Consolidated version of 9 Jan 2024In forceUpcoming changefrom 30 Jan 2027Unofficial text · authentic on EUR-Lex (opens in a new tab)

FICOD Article 16 — as applicable on 7 Oct 2026 (version of 9 Jan 2024)

Article 16

Enforcement measures

Amendment details· last amended 4 Jan 2011
Versions of this provision:13 Apr 20054 Jan 2011

Last amended 4 Jan 2011 by Directive 2010/78/EU of 24 November 2010.

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If the regulated entities in a financial conglomerate do not comply with the requirements referred to in Articles 6 to 9 or where the requirements are met but solvency may nevertheless be jeopardised or where the intra-group transactions or the risk concentrations are a threat to the regulated entities' financial position, the necessary measures shall be required in order to rectify the situation as soon as possible:

  • by the coordinator with respect to the mixed financial holding company,

  • by the competent authorities with respect to the regulated entities; to that end, the coordinator shall inform those competent authorities of its findings.

Without prejudice to Article 17(2), Member States may determine what measures may be taken by the competent authorities with respect to mixed financial holding companies. In accordance with Articles 16 and 56 of Regulation (EU) No 1093/2010, of Regulation (EU) No 1094/2010 (opens EUR-Lex in a new tab) and of Regulation (EU) No 1095/2010 (opens EUR-Lex in a new tab) respectively, the ESA, through the Joint Committee, may develop guidelines for measures in relation to mixed financial holding companies.

The competent authorities involved, including the coordinator, shall where appropriate coordinate their supervisory actions.