lexiara

1.

Member States shall ensure that the competent authorities of the home Member State designated pursuant to Article 21(3) are given all supervisory, investigatory and sanctioning powers, necessary for the exercise of their functions and duties laid down in this Directive, including at least the following: the power to grant or refuse an authorisation pursuant to Articles 5 and 6; the power to withdraw an authorisation pursuant to Article 8; the power to prohibit any of the credit servicing activities; the power to conduct on-site and off-site inspections; the power to impose administrative penalties and remedial measures in accordance with the national provisions transposing Article 23; the power to review outsourcing agreements concluded between credit servicers and credit service providers in accordance with Article 12(1); the power to require credit servicers to remove members of their management or administrative organ when they fail to comply with the requirements set out in Article 5(1), point (b); the power to require credit servicers to modify or update their internal governance arrangements and internal control mechanisms in order to effectively ensure respect for borrowers’ rights in accordance with the laws governing the credit agreement; the power to require credit servicers to modify or update their policies adopted to ensure the fair and diligent treatment of borrowers, and the recording and handling of complaints from borrowers; the power to request further information pertaining to the transfer of a creditor’s rights under the non-performing credit agreement, or of the non-performing credit agreement itself.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-12 · Text as adopted (Official Journal); later amendments are not incorporated in this text.