(17)

Article 67 is amended as follows: paragraph 1 is amended as follows: point (d) is replaced by the following: ; an institution fails to have in place governance arrangements and gender neutral remuneration policies required by the competent authorities in accordance with Article 74;’ points (e), (f) and (i) are deleted; point (j) is replaced by the following: ; an institution fails to maintain a net stable funding ratio in breach of Article 413 or 428b of Regulation (EU) No 575/2013 or repeatedly and persistently fails to hold liquid assets in breach of Article 412 of that Regulation;’ points (k) and (l) are deleted; the following points are added: ; an institution fails to meet the own funds requirements laid down in Article 92(1) of Regulation (EU) No 575/2013; an institution or a natural person repeatedly fails to comply with a decision imposed by the competent authority in accordance with national provisions transposing this Directive or in accordance with Regulation (EU) No 575/2013; an institution fails to comply with the remuneration requirements laid down in Articles 92, 94 and 95 of this Directive; an institution acts without the prior permission of the competent authority where national provisions transposing this Directive or Regulation (EU) No 575/2013 require the institution to obtain such prior permission or an institution obtained such permission through false statements or does not comply with the conditions under which such permission was granted; an institution fails to meet the requirements in relation to the composition, conditions, adjustments and deductions related to own funds as laid down in Part Two of Regulation (EU) No 575/2013; an institution fails to meet the requirements in relation to its large exposures to a client or a group of connected clients laid down in Part Four of Regulation (EU) No 575/2013; an institution fails to meet the requirements in relation to the calculation of the leverage ratio, including the application of derogations laid down in Part Seven of Regulation (EU) No 575/2013; an institution fails to report information or provides incomplete or inaccurate information to the competent authority in relation to the data referred to in Article 430(1) to (3) and in Article 430a of Regulation (EU) No 575/2013; an institution fails to comply with the data collection and governance requirements laid down in Part Three, Title III, Chapter 2, of Regulation (EU) No 575/2013; an institution fails to meet the requirements in relation to the calculation of the risk-weighted exposure amounts or own funds requirements or fails to have in place the governance arrangements laid down in Part Three, Titles II to VI, of Regulation (EU) No 575/2013; an institution fails to meet the requirements in relation to the calculation of the liquidity coverage ratio or the net stable funding ratio as laid down in Part Six, Titles I and IV of Regulation (EU) No 575/2013 and in Delegated Regulation (EU) 2015/61.’ paragraph 2 is replaced by the following: ‘2. Member States shall ensure that in the cases referred to in paragraph 1, the measures that can be applied include at least the following: For the purposes of the first subparagraph, point (b), Member States may set a higher maximum amount for periodic penalty payments to be applied per day of breach. By way of derogation from the first subparagraph, point (b), Member States may apply periodic penalty payments on a weekly or monthly basis. In that case, the maximum amount of periodic penalty payments to be applied for the relevant weekly or monthly period when a breach takes place shall not exceed the maximum amount of periodic penalty payments that would apply on a daily basis in accordance with that point for the relevant period. Periodic penalty payments may be imposed on a given date and start applying at a later date.’ ; administrative penalties: in the case of a legal person, administrative pecuniary penalties of up to 10 % of the total annual net turnover of the undertaking; in the case of a natural person, administrative pecuniary penalties of up to EUR 5 million or, in the Member States whose currency is not the euro, the corresponding value in the national currency on 17 July 2013; administrative pecuniary penalties of up to twice the amount of the profits gained or losses avoided because of the breach, where those profits gained or losses avoided can be determined; periodic penalty payments: in the case of a legal person, periodic penalty payments of up to 5 % of the average daily net turnover which, in the case of an ongoing breach, the legal person shall be obliged to pay per day of breach until compliance with an obligation is restored; the periodic penalty payment may be imposed for a period of up to six months from the date set out in the decision of the competent authority requiring the termination of a breach and imposing the periodic penalty payment; in the case of a natural person, periodic penalty payments of up to EUR 50 000 or, in the Member States whose currency is not the euro, the corresponding value in the national currency on 9 July 2024, which, in the case of an ongoing breach, the natural person shall be obliged to pay per day of breach, until compliance with an obligation is restored; the periodic penalty payment may be imposed for a period of up to six months from the date set out in the decision of the competent authority requiring the termination of a breach and imposing the periodic penalty payment; other administrative measures: a public statement which identifies the natural person, institution, financial holding company, mixed financial holding company or intermediate EU parent undertaking responsible and the nature of the breach; an order requiring the natural or legal person responsible to cease the conduct and to desist from a repetition of that conduct; in the case of an institution, withdrawal of the authorisation of the institution in accordance with Article 18; subject to Article 65(2), a temporary ban against a member of the management body or any other natural person who is held responsible for the breach from exercising functions in institutions. the following paragraphs are added: ‘3. The total annual net turnover referred to in paragraph 2, point (a)(i), of this Article shall be the sum of the following items, determined in accordance with Annexes III and IV to Implementing Regulation (EU) 2021/451: For the purposes of this Article, the basis for the calculation shall be the most recent yearly supervisory financial information which produces an indicator above zero. Where the legal person referred to in paragraph 2 of this Article is not subject to Implementing Regulation (EU) 2021/451, the relevant total annual net turnover shall be the total annual net turnover or the corresponding type of income in accordance with the applicable accounting framework. Where the undertaking concerned is part of a group, the relevant total annual net turnover shall be the total annual net turnover resulting from the consolidated account of the ultimate parent undertaking. 4. The average daily net turnover referred to in paragraph 2, point (b)(i), shall be the total annual net turnover referred to in paragraph 3 divided by 365.’ ; interest income; interest expenses; expenses on share capital repayable on demand; dividend income; fee and commission income; fee and commission expenses; gains or losses on financial assets and liabilities held for trading, net; gains or losses on financial assets and liabilities designated at fair value through profit or loss, net; gains or losses from hedge accounting, net; exchange differences (gain or loss), net; other operating income; other operating expenses.

← (l) · All articles · (a) →

Source: EUR-Lex CELLAR · retrieved 2026-09-04 · Text as adopted (Official Journal); later amendments are not incorporated in this text.