CRD IV — DIRECTIVE 2013/36/EU OF THE EUROPEAN PARLIAMENT AND OF THE…

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

1238 provisions in 4313 nodes · cited by 110 instruments we hold · 572 national measures recorded · 117 provisions hand work to national law

Defined terms · All instruments · European Central Bank · Internet · access to information · accounting · administrative structures · advertising · banking supervision · branch

TITLE I SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1 Subject matter

Article 3 Definitions

TITLE II COMPETENT AUTHORITIES

Article 4 Designation and powers of the competent authorities

Division

Article 5 Coordination within Member States

Division

Article 6 Cooperation within the European System of Financial Supervision

Article 7 Union dimension of supervision

Division

TITLE III REQUIREMENTS FOR ACCESS TO THE ACTIVITY OF CREDIT INSTITUTIONS

CHAPTER 1 General requirements for access to the activity of credit institutions

Article 8 Authorisation

Article 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

Division

Article 10 Programme of operations and structural organisation

Division

Article 11 Economic needs

Division

Article 12 Initial capital

Article 13 Effective direction of the business and place of the head office

Article 14 Shareholders and members

Division

Article 15 Refusal of authorisation

Division

Article 16 Prior consultation of the competent authorities of other Member States

Article 17 Branches of credit institutions authorised in another Member State

Division

Article 18 Withdrawal of authorisation

Article 19 Name of credit institutions

Division

Article 20 Notification of authorisation and withdrawal of authorisation

Division

Article 21 Waiver for credit institutions permanently affiliated to a central body

Division

CHAPTER 2 Qualifying holding in a credit institution

Article 22 Notification and assessment of proposed acquisitions

Division

Article 23 Assessment criteria

Article 24 Cooperation between competent authorities

Article 25 Notification in the case of a divestiture

Division

Article 26 Information obligations and penalties

Division

Article 27 Criteria for qualifying holdings

Division

TITLE IV INITIAL CAPITAL OF INVESTMENT FIRMS

Article 28 Initial capital of investment firms

Division

Article 29 Initial capital of particular types of investment firms

Article 30 Initial capital of local firms

Division

Article 31 Coverage for firms not authorised to hold client money or securities

Article 32 Grandfathering provision

Division

TITLE V PROVISIONS CONCERNING THE FREEDOM OF ESTABLISHMENT AND THE FREEDOM TO PROVIDE SERVICES

CHAPTER 1 General Principles

Article 33 Credit institutions

Division

Article 34 Financial institutions

CHAPTER 2 The right of establishment of credit institutions

Article 35 Notification requirement and interaction between competent authorities

Article 36 Commencement of activities

Division

Article 37 Information about refusals

Division

Article 38 Aggregation of branches

Division

CHAPTER 3 Exercise of the freedom to provide services

Article 39 Notification procedure

Division

CHAPTER 4 Powers of the competent authorities of the host Member State

Article 40 Reporting requirements

Division

Article 41 Measures taken by the competent authorities of the home Member State in relation to activities carried out in the host Member State

Article 42 Reasons and communication

Division

Article 43 Precautionary measures

Division

Article 44 Powers of host Member States

Division

Article 45 Measures following withdrawal of authorisation

Division

Article 46 Advertising

Division

TITLE VI RELATIONS WITH THIRD COUNTRIES

Article 47 Notification in relation to third-country branches and conditions of access for credit institutions with such branches

Division

Article 48 Cooperation with supervisory authorities of third countries regarding supervision on a consolidated basis

TITLE VII PRUDENTIAL SUPERVISION

CHAPTER 1 Principles of prudential supervision

Section I Competence and duties of home and host Member States

Article 49 Competence of the competent authorities of the home and host Member States

Division

Article 50 Collaboration concerning supervision

Division

Article 51 Significant branches

Article 52 On-the-spot checking and inspection of branches established in another Member State

Division

Section II Exchange of information and professional secrecy

Article 53 Professional secrecy

Division

Article 54 Use of confidential information

Article 55 Cooperation agreements

Division

Article 56 Exchange of information between authorities

Article 57 Exchange of information with oversight bodies

Article 58 Transmission of information concerning monetary, deposit protection, systemic and payment aspects

Article 59 Transmission of information to other entities

Article 60 Disclosure of information obtained by on-the-spot checks and inspections

Division

Article 61 Disclosure of information concerning clearing and settlement services

Division

Article 62 Processing of personal data

Division

Section III Duty of persons responsible for the legal control of annual and consolidated accounts

Article 63 Duty of persons responsible for the legal control of annual and consolidated accounts

Section IV Supervisory powers, powers to impose penalties and right of appeal

Article 64 Supervisory powers and powers to impose penalties

Article 65 Administrative penalties and other administrative measures

Article 66 Administrative penalties and other administrative measures for breaches of authorisation requirements and requirements for acquisitions of qualifying holdings

Article 67 Other provisions

Article 68 Publication of administrative penalties

Article 69 Exchange of information on penalties and maintenance of a central database by EBA

Division

Article 70 Effective application of penalties and exercise of powers to impose penalties by competent authorities

Article 71 Reporting of breaches

Article 72 Right of appeal

Division

CHAPTER 2 Review Processes

Section I Internal capital adequacy assessment process

Article 73 Internal Capital

Division

Section II Arrangements, processes and mechanisms of institutions

Sub-Section 1 General principles

Article 74 Internal governance and recovery and resolution plans

Division

Article 75 Oversight of remuneration policies

Division

Sub-Section 2 Technical criteria concerning the organisation and treatment of risks

Article 76 Treatment of risks

Division

Article 77 Internal Approaches for calculating own funds requirements

Division

Article 78 Supervisory benchmarking of internal approaches for calculating own funds requirements

Article 79 Credit and counterparty risk

Article 80 Residual risk

Division

Article 81 Concentration risk

Division

Article 82 Securitisation risk

Division

Article 83 Market risk

Division

Article 84 Interest risk arising from non-trading book activities

Division

Article 85 Operational risk

Division

Article 86 Liquidity risk

Article 87 Risk of excessive leverage

Division

Sub-Section 3 Governance

Article 88 Governance arrangements

Article 89 Country-by-country reporting

Article 90 Public disclosure of return on assets

Division

Article 91 Management body

Article 92 Remuneration policies

Article 93 Institutions that benefit from government intervention

Article 94 Variable elements of remuneration

Article 95 Remuneration Committee

Division

Article 96 Maintenance of a website on corporate governance and remuneration

Division

Section III Supervisory review and evaluation process

Article 97 Supervisory review and evaluation

Article 98 Technical criteria for the supervisory review and evaluation

Article 99 Supervisory examination programme

Article 100 Supervisory stress testing

Division

Article 101 Ongoing review of the permission to use internal approaches

Division

Section IV Supervisory measures and powers

Article 102 Supervisory measures

Article 103 Application of supervisory measures to institutions with similar risk profiles

Division

Article 104 Supervisory powers

Article 105 Specific liquidity requirements

Article 106 Specific publication requirements

Article 107 Consistency of supervisory reviews, evaluations and supervisory measures

Section V Level of application

Article 108 Internal capital adequacy assessment process

Division

Article 109 Institutions' arrangements, processes and mechanisms

Division

Article 110 Review and evaluation and supervisory measures

Division

CHAPTER 3 Supervision on a consolidated basis

Section I Principles for conducting supervision on a consolidated basis

Article 111 Determination of the consolidating supervisor

Division

Article 112 Coordination of supervisory activities by the consolidating supervisor

Article 113 Joint decisions on institution-specific prudential requirements

Article 114 Information requirements in emergency situations

Division

Article 115 Coordination and cooperation arrangements

Division

Article 116 Colleges of supervisors

Article 117 Cooperation obligations

Article 118 Checking information concerning entities in other Member States

Division

Section II Financial holding companies, mixed financial holding companies and mixed-activity holding companies

Article 119 Inclusion of holding companies in consolidated supervision

Division

Article 120 Supervision of mixed financial holding companies

Division

Article 121 Qualification of directors

Division

Article 122 Requests for information and inspections

Division

Article 123 Supervision

Division

Article 124 Exchange of information

Division

Article 125 Cooperation

Division

Article 126 Penalties

Division

Article 127 Assessment of equivalence of third countries' consolidated supervision

Division

CHAPTER 4 Capital Buffers

Section I Buffers

Article 128 Definitions

Article 129 Requirement to maintain a capital conservation buffer

Division

Article 130 Requirement to maintain an institution-specific countercyclical capital buffer

Division

Article 131 Global and other systemically important institutions

Article 132 Reporting

Division

Article 133 Requirement to maintain a systemic risk buffer

Article 134 Recognition of a systemic risk buffer rate

Division

Section II Setting and calculating countercyclical capital buffers

Article 135 ESRB guidance on setting countercyclical buffer rates

Article 136 Setting countercyclical buffer rates

Article 137 Recognition of countercyclical buffer rates in excess of 2,5 %

Article 138 ESRB recommendation on third country countercyclical buffer rates

Article 139 Decision by designated authorities on third country countercyclical buffer rates

Article 140 Calculation of institution-specific countercyclical capital buffer rates

Section III Capital conservation measures

Article 141 Restrictions on distributions

Article 142 Capital Conservation Plan

TITLE VIII DISCLOSURE BY COMPETENT AUTHORITIES

Article 143 General disclosure requirements

Article 144 Specific disclosure requirements

TITLE IX DELEGATED AND IMPLEMENTING ACTS

Article 145 Delegated Acts

Article 146 Implementing Acts

Article 147 European Banking Committee

Division

Article 148 Exercise of the delegation

Division

Article 149 Objections to regulatory technical standards

Division

TITLE X AMENDMENTS OF DIRECTIVE 2002/87/EC

Article 150 Amendments of Directive 2002/87/EC

TITLE XI TRANSITIONAL AND FINAL PROVISIONS

CHAPTER 1 Transitional provisions on the supervision of institutions exercising the freedom of establishment and the freedom to provide services

Article 151 Scope

Division

Article 152 Reporting requirements

Division

Article 153 Measures taken by the competent authorities of the home Member State in relation to activities carried out in the host Member State

Division

Article 154 Precautionary measures

Division

Article 155 Responsibility

Division

Article 156 Liquidity supervision

Division

Article 157 Collaboration concerning supervision

Division

Article 158 Significant branches

Article 159 On-the-spot checks

Division

CHAPTER 2 Transitional provisions for capital buffers

Article 160 Transitional provisions for capital buffers

CHAPTER 3 Final provisions

Article 161 Review and report

Article 162 Transposition

Article 164 Entry into force

Division

Article 165 Addressees

Division

Preamble

ANNEX I

LIST OF ACTIVITIES SUBJECT TO MUTUAL RECOGNITION