art_6__para_2

2. Competent authorities may exempt investment firms from the application of Article 5 in respect of Part Six where all of the following conditions apply: the investment firm meets the conditions for qualifying as a small and non‐interconnected investment firm set out in Article 12(1); the investment firm is a subsidiary and is included in the supervision on a consolidated basis of an insurance or reinsurance undertaking in accordance with Article 228 of Directive 2009/138/EC; both the investment firm and its parent undertaking are subject to authorisation and supervision by the same Member State; the authorities competent for the supervision on a consolidated basis in accordance with Directive 2009/138/EC agree to such an exemption; own funds are distributed adequately between the parent undertaking and the investment firm and all of the following conditions are satisfied: there is no current or foreseen material practical or legal impediment to the prompt transfer of capital or repayment of liabilities by the parent undertaking; upon prior approval by the competent authority, the parent undertaking declares that it guarantees the commitments entered into by the investment firm or that the risks in the investment firm are of negligible interest; the risk evaluation, measurement and control procedures of the parent undertaking include the investment firm; and the parent undertaking holds more than 50 % of the voting rights attached to shares in the capital of the investment firm or has the right to appoint or remove a majority of the members of the investment firm’s management body.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-09 · Text as adopted (Official Journal); later amendments are not incorporated in this text.