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CRD IV — DIRECTIVE 2013/36/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (Text with EEA relevance)

directive · European Union · 32013L0036

646 provisions · cited by 46 instruments we hold · 572 national measures recorded · 100 provisions hand work to national law

Defined terms · All instruments · auditing · credit institution · investment company · management audit · right of establishment

1 Subject matter
2 Scope
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3 Definitions
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4 Designation and powers of the competent authorities
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5 Coordination within Member States
6 Cooperation within the European System of Financial Supervision
7 Union dimension of supervision
8 Authorisation
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9 Prohibition against persons or undertakings other than credit institutions from carrying out the business of taking deposits or other repayable funds from the public
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10 Programme of operations and structural organisation
11 Economic needs
12 Initial capital
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13 Effective direction of the business and place of the head office
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14 Shareholders and members
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15 Refusal of authorisation
16 Prior consultation of the competent authorities of other Member States
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17 Branches of credit institutions authorised in another Member State
18 Withdrawal of authorisation
19 Name of credit institutions
20 Notification of authorisation and withdrawal of authorisation
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21 Waiver for credit institutions permanently affiliated to a central body
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22 Notification and assessment of proposed acquisitions
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23 Assessment criteria
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24 Cooperation between competent authorities
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25 Notification in the case of a divestiture
26 Information obligations and penalties
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27 Criteria for qualifying holdings
28 Initial capital of investment firms
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29 Initial capital of particular types of investment firms
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30 Initial capital of local firms
31 Coverage for firms not authorised to hold client money or securities
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32 Grandfathering provision
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33 Credit institutions
34 Financial institutions
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35 Notification requirement and interaction between competent authorities
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36 Commencement of activities
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37 Information about refusals
38 Aggregation of branches
39 Notification procedure
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40 Reporting requirements
41 Measures taken by the competent authorities of the home Member State in relation to activities carried out in the host Member State
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42 Reasons and communication
43 Precautionary measures
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44 Powers of host Member States
45 Measures following withdrawal of authorisation
46 Advertising
47 Notification in relation to third-country branches and conditions of access for credit institutions with such branches
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48 Cooperation with supervisory authorities of third countries regarding supervision on a consolidated basis
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49 Competence of the competent authorities of the home and host Member States
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50 Collaboration concerning supervision
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51 Significant branches
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52 On-the-spot checking and inspection of branches established in another Member State
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53 Professional secrecy
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54 Use of confidential information
55 Cooperation agreements
56 Exchange of information between authorities
57 Exchange of information with oversight bodies
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58 Transmission of information concerning monetary, deposit protection, systemic and payment aspects
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59 Transmission of information to other entities
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60 Disclosure of information obtained by on-the-spot checks and inspections
61 Disclosure of information concerning clearing and settlement services
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62 Processing of personal data
63 Duty of persons responsible for the legal control of annual and consolidated accounts
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64 Supervisory powers and powers to impose penalties
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65 Administrative penalties and other administrative measures
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66 Administrative penalties and other administrative measures for breaches of authorisation requirements and requirements for acquisitions of qualifying holdings
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67 Other provisions
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68 Publication of administrative penalties
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69 Exchange of information on penalties and maintenance of a central database by EBA
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70 Effective application of penalties and exercise of powers to impose penalties by competent authorities
71 Reporting of breaches
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72 Right of appeal
73 Internal Capital
74 Internal governance and recovery and resolution plans
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75 Oversight of remuneration policies
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76 Treatment of risks
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77 Internal Approaches for calculating own funds requirements
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78 Supervisory benchmarking of internal approaches for calculating own funds requirements
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79 Credit and counterparty risk
80 Residual risk
81 Concentration risk
82 Securitisation risk
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83 Market risk
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84 Interest risk arising from non-trading book activities
85 Operational risk
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86 Liquidity risk
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87 Risk of excessive leverage
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88 Governance arrangements
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89 Country-by-country reporting
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90 Public disclosure of return on assets
91 Management body
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92 Remuneration policies
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93 Institutions that benefit from government intervention
94 Variable elements of remuneration
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95 Remuneration Committee
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96 Maintenance of a website on corporate governance and remuneration
97 Supervisory review and evaluation
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98 Technical criteria for the supervisory review and evaluation
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99 Supervisory examination programme
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100 Supervisory stress testing
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101 Ongoing review of the permission to use internal approaches
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102 Supervisory measures
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103 Application of supervisory measures to institutions with similar risk profiles
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104 Supervisory powers
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105 Specific liquidity requirements
106 Specific publication requirements
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107 Consistency of supervisory reviews, evaluations and supervisory measures
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108 Internal capital adequacy assessment process
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109 Institutions' arrangements, processes and mechanisms
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110 Review and evaluation and supervisory measures
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111 Determination of the consolidating supervisor
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112 Coordination of supervisory activities by the consolidating supervisor
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113 Joint decisions on institution-specific prudential requirements
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114 Information requirements in emergency situations
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115 Coordination and cooperation arrangements
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116 Colleges of supervisors
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117 Cooperation obligations
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118 Checking information concerning entities in other Member States
119 Inclusion of holding companies in consolidated supervision
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120 Supervision of mixed financial holding companies
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121 Qualification of directors
122 Requests for information and inspections
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123 Supervision
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124 Exchange of information
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125 Cooperation
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126 Penalties
127 Assessment of equivalence of third countries' consolidated supervision
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128 Definitions
129 Requirement to maintain a capital conservation buffer
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130 Requirement to maintain an institution-specific countercyclical capital buffer
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131 Global and other systemically important institutions
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132 Reporting
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133 Requirement to maintain a systemic risk buffer
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134 Recognition of a systemic risk buffer rate
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135 ESRB guidance on setting countercyclical buffer rates
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136 Setting countercyclical buffer rates
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137 Recognition of countercyclical buffer rates in excess of 2,5 %
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138 ESRB recommendation on third country countercyclical buffer rates
139 Decision by designated authorities on third country countercyclical buffer rates
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140 Calculation of institution-specific countercyclical capital buffer rates
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141 Restrictions on distributions
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142 Capital Conservation Plan
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143 General disclosure requirements
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144 Specific disclosure requirements
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145 Delegated Acts
146 Implementing Acts
147 European Banking Committee
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148 Exercise of the delegation
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149 Objections to regulatory technical standards
150 Amendments of Directive 2002/87/EC
151 Scope
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152 Reporting requirements
153 Measures taken by the competent authorities of the home Member State in relation to activities carried out in the host Member State
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154 Precautionary measures
155 Responsibility
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156 Liquidity supervision
157 Collaboration concerning supervision
158 Significant branches
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159 On-the-spot checks
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160 Transitional provisions for capital buffers
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161 Review and report
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162 Transposition
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163 Repeal
164 Entry into force
165 Addressees