45. Financial entities should maintain at all times sufficient substance and not become ‘ empty …

Financial entities should maintain at all times sufficient substance and not become ‘ empty shells ’ or ‘ letter-box entities ’ . To this end, they should:

• a. meet all the conditions of their authorisation (⁴⁷ ) at all times, including the management body effectively carrying out its responsibilities as set out in paragraph 42 of these Guidelines;
• b. retain a clear and transparent organisational framework and structure that enables them to ensure compliance with legal and regulatory requirements including the ability to be audited and supervised;
• c. where operational tasks of internal control functions are provided by TPSPs (including in the case of intragroup outsourcing or outsourcing within institutional protection schemes), exercise appropriate oversight and be able to manage the risks that are generated by the third-party arrangement supporting critical or important functions by a TPSP; and
• d. have sufficient knowledge, resources and capacities to ensure compliance with points
• (a) to (c).

⁴⁷ See also the regulatory technical standards (RTS) under Article 8(2) of Directive 2013/36/EU on the information to be provided for the authorisation of credit institutions, and the implementing technical standards (ITS) under Article 8(3) Directive 2013/36/EU on standard forms, templates and procedures for the provision of the information required for the authorisation of credit institutions (https://eba.europa.eu/regulation-and-policy/other-topics/rts-and-its-on-the-authorisation-of-credit-institutions). For payment institutions, please refer to the EBA Guidelines under Directive (EU) 2015/2366 (PSD 2) on the information to be provided for the authorisation of payment institutions and electronic money institutions and for the registration of account information service providers (Guidelines on authorisation and registration under PSD 2).

1. Преглед

1.1 Препратки

1.2 Идентифицирани изисквания

1.3 Свързани стандарти

2. Идентифицирани изисквания

3. Свързани стандарти

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