+Guidelines on the authorisation of credit institutions (EBA/GL/2021/12)
---+1. Compliance and reporting obligations
------+Status of these Guidelines
---------+1. This document contains Guidelines issued pursuant to Article 16 of Regulation (EU) No 1093/2010 …
---------+2. Guidelines set out the EBA view of appropriate supervisory practices within the European System …
------+Reporting requirements
---------+3. According to Article 16(3) of Regulation (EU) No 1093/2010, competent authorities must notify …
---------+4. Notifications will be published on the EBA website, in line with Article 16(3).
---+2. Subject matter, scope and definitions
------+Subject matter
---------+5. These Guidelines specify a common assessment methodology (‘CAM’) for granting authorisations in …
------+Scope of application
---------+6. These Guidelines apply to all cases where, in accordance with Directive 2013/36/EU, as …
------+Addressees
---------+7. These Guidelines are addressed to competent authorities as defined in Article 4(2)(i) of …
------+Definitions
---------+8. Unless otherwise specified, terms used and defined in the CRR, in the CRD, in Regulation …
---------+9. In addition, for the purposes of these Guidelines, the following definitions apply: The …
---+3. Implementation
------+Date of application
---------+10. These Guidelines apply from 08.04.2022.
---+4. General principles
------+4.1 Common assessment methodology
---------+11. Competent authorities should ensure that for the purposes of granting an authorisation as a …
---------+12. The CAM lays down the criteria and methods according to which competent authorities should …
---------+13. For the purposes of these Guidelines, references to risk also include ML/TF risk. Competent …
---------+14. In order to ensure that the assessment for granting the authorisation is based on reliable …
---------+15. The CAM is technology-neutral and innovation-friendly, therefore it covers applicant credit …
---------+16. In order to ensure a level playing field across the EU, competent authorities’ assessment …
---------+17. Competent authorities should perform the assessment for granting the authorisation in …
---------+18. For this purpose competent authorities should take into account the following criteria: a) the …
---------+19. In the case of paragraph 18, letter m), and in line with Article 10(1) of the RTS on …
---------+20. In the case of paragraph 18, letter n), provided the submitted extension does not materially …
---------+21. The application of the principle of proportionality by the competent authorities can never …
------+4.2 Consistency and continuity between the authorisation and the going-concern supervisory assessment
---------+22. In accordance with the CAM, competent authorities should assess the application for …
---------+23. For this purpose, in order to avoid duplication and inconsistency of regulation, these …
---------+24. Competent authorities’ assessment should focus on ensuring the sound and prudent management of …
---------+25. To ensure that this objective is met, competent authorities should only grant the authorisation …
---------+26. Competent authorities may, at their own discretion, impose on the applicant credit institution …
---------+27. Consistently with paragraph 26, competent authorities may only apply conditions precedent …
---------+28. In accordance with the requirements and the limits set out in paragraphs 26 and 27, conditions …
---------+29. Consistently with paragraph 26, competent authorities may impose obligations subsequent on the …
---------+30. Without prejudice to the compliance with all the requirements for authorisation by the …
---------+31. In order to ensure clarity and legal certainty, competent authorities should clearly define …
---------+32. Subject to the meeting of all the requirements for granting the authorisation, competent …
---------+33. Where the applicant credit institution belongs to a banking group and compliance with …
---------+34. Competent authorities should identify the existence of any obstacles, having regard in …
------+4.3 Situations where an authorisation is required
---------+35. Competent authorities should ensure that in the case of a merger of two or more credit …
---------+36. The execution of group restructuring transactions or the transfer of activities as a credit …
---------+37. Where competent authorities assess that, by virtue of the activities that are temporarily …
---------+38. Without prejudice to the paragraph above, competent authorities should not subject the transfer …
---------+39. Competent authorities should clarify that an authorisation to carry on the business of a credit …
---------+40. Considering that the authorisation is granted by competent authorities under the applicable …
---------+41. Consistently with the applicable national company law, an existing credit institution may …
---+5. Authorisation as credit institution under letter (a), point (1) of Article 4(1) CRR and its scope
------+5.1 Activities requiring the application for an authorisation
---------+42. Pursuant to Directive 2013/36/EU, the protection of savings and of financial stability requires …
---------+43. Competent authorities should assess that the applicant meets all the elements of the definition …
---------+44. This is without prejudice to the possibility for a credit institution to carry out activities …
---------+45. Where competent authorities assess that the business model of the applicant credit institution …
---------+46. Absent a common EU notion of the elements composing the definition of a credit institution set …
---------+47. When assessing whether the expression ‘the business of which’ is met, competent authorities …
---------+48. Pursuant to the general principle of protection of savings, when assessing whether the …
---------+49. When assessing whether the expression ‘deposits’ is met, competent authorities should focus …
---------+50. Competent authorities should also note that deposits may take several forms, they may be …
---------+51. Competent authorities should also ensure, among other things, that the exclusions to the notion …
---------+52. When assessing whether the specific expression ‘other repayable funds’ is met, competent …
---------+53. When assessing whether the deposits or other repayable funds are taken ‘from the ‘public’ …
---------+54. When assessing whether the expression ‘to grant credit’ is met, competent authorities should …
---------+55. As part of the assessment for granting the authorisation as a credit institution, competent …
---------+56. Where, based on the information submitted with the application, it is not completely clear that …
------+5.2 Scope of the authorisation
---------+57. Absent a uniform scope of authorisation set out in EU law, different regimes may be in place at …
---------+58. Conversely, where no such ‘universal authorisation’ is in place, the authorisation will be …
---------+59. In both cases covered by paragraphs 57 and 58, however, the competent authorities’ scope of …
---+6. CAM for authorisation as credit institution under letter (b) of point (1) of Article 4(1) CRR
------+60. In accordance with Article 8a CRD, undertakings meeting one of the conditions set out in point …
------+61. For that purpose, the concerned undertakings have to submit an application to the competent …
------+62. Competent authorities should review such information in light of the requirements of …
------+63. To review and assess the application, competent authorities should apply all sections of these …
------+64. With a view to streamlining the assessment in accordance with Article 8a(5) CRD, competent …
------+65. Competent authorities should ensure that the applicant credit institution will be compliant …
------+66. For the purposes of the assessment of the business plan, competent authorities should apply the …
---+7. Business plan analysis
------+7.1 General criteria
---------+67. The competent authorities’ assessment of the business plan should be based on the relevant …
---------+68. Consistently with paragraph 13, competent authorities should assess the exposure to ML/FT risks …
---------+69. Consistently with the principles set out in paragraphs 15 and 16, competent authorities should …
---------+70. Competent authorities should calibrate the intensity of their assessment in light of the …
---------+71. As a general criterion, competent authorities should perform the qualitative and quantitative …
---------+72. Without prejudice to paragraph 71, in order to support the business plan assessment and to the …
---------+73. To ensure supervisory continuity between the authorisation phase and ongoing supervision of the …
------+7.2 Assessment methodology
---------+74. Competent authorities should undertake a qualitative review of the business strategy of the …
---------+75. For this purpose, competent authorities should achieve a clear view on: (a) the types of …
---------+76. With specific regard to innovative business models and/or delivery mechanisms, competent …
---------+77. A clear understanding of the planned business strategy will allow the competent authorities to …
---------+78. Competent authorities should achieve a clear view on the planned sources to finance the planned …
---------+79. Competent authorities should perform a more intense assessment, including detailed questions …
---------+80. Funding costs should be assessed in the context of the assessment of the financial forecast …
---------+81. The competent authorities should review the submitted information, in particular as set out in …
---------+82. Competent authorities should review the submitted information in particular as set out in …
---------+83. Consistently with the proportionality approach set out in paragraph 70, competent authorities …
---------+84. Where relevant, competent authorities should ensure that the submitted description of the …
---------+85. In the assessment of risks to liquidity and funding, competent authorities should verify the …
---------+86. To form a view on the plausibility of an institution’s strategic assumptions, competent …
---------+87. Consistently with the proportionality approach set out in paragraph 70, competent authorities …
---------+88. For this purpose, competent authorities should review the analysis of the trends in the target …
---------+89. Where appropriate and on a case-by-case analysis, reference to existing players and potential …
---------+90. Consistently with the proportionate approach set out in paragraph 71 and on a case-by-case …
---------+91. In this regard, the areas for analysis by competent authorities should include the main …
---------+92. Competent authorities should also assess whether the financial forecasts match the business …
---------+93. Competent authorities should perform a quantitative review of the applicant credit …
---------+94. The purpose of the quantitative review of the financial forecasts of the business plan should …
---------+95. The assessment of the financial forecasts should reflect the applicant credit institution’s …
---------+96. When assessing the profitability of the business plan, competent authorities should pay special …
---------+97. For these purposes, competent authorities should review the explanation of the initial …
---------+98. Competent authorities may need to assess a business plan with a longer time horizon, for …
---------+99. To the extent possible and where appropriate, competent authorities should determine a relevant …
---------+100. Competent authorities should consider assessing profitability trends and ratios, having regard …
---------+101. Competent authorities should be able to gain a clear understanding of the institution’s …
---------+102. Consistently with the principle of proportionality set out in paragraph 70, competent …
---------+103. Competent authorities should gain a clear understanding of the various revenue models (e.g. …
---------+104. Competent authorities should pay particular attention to high growth rates and associated risk …
---------+105. The target cost structure (e.g. labour, administrative or IT costs) should be reviewed in …
---------+106. With specific regard to cost models, applicant credit institutions significantly relying on …
---------+107. Based on the business plan and financial projections provided, the competent authorities …
---------+108. Based on the reviewed information, the competent authority should challenge the applicant …
---------+109. The development of the supervisory view and the sensitivity analysis should be subject to …
---+8. Capital
------+8.1 General criteria
---------+110. The determination of the level of capital should aim at ensuring the authorised credit …
---------+111. For the purposes of granting the authorisation, the level of capital should be determined …
---------+112. For the purposes of the CAM, the initial capital is a fixed amount set out in national law in …
---------+113. The own funds requirements are risk-based and leverage-based capital requirements in …
---------+114. Irrespective of the differences across the EU relating to the absolute value of initial …
---------+115. The determination of the level of capital at authorisation and the amount to be paid up at …
------+8.2 Determination of the level of the capital
---------+116. For the purpose of determining the level of the capital, competent authorities should: (a) …
---------+117. Where the competent authority is the consolidated supervisor, it should assess the expected …
---------+118. If an applicant belonging to a banking group applies for capital waivers in accordance with …
---------+119. Where the competent authority, in the exercise of its discretion, considers itself to be in a …
---------+120. Where the competent authority considers that the capital waiver cannot be granted at the time …
------+8.3 Quality, payment and availability of capital
---------+121. The competent authority should verify the adequacy of the capital determined in accordance …
---------+122. Competent authorities should verify that the credit institution’s capital is separated from …
---------+123. The portion of the capital level to be paid up in full prior to granting the authorisation is …
---------+124. Competent authorities should verify and review through adequate evidence that the portion of …
---------+125. Without prejudice to the above, in those jurisdictions where the portion of the capital …
---------+126. Competent authorities should be satisfied that the applicant credit institution has a capital …
---+9. Internal governance
------+9.1 General criteria
---------+127. Competent authorities should perform a careful and comprehensive review of the arrangements …
---------+128. The CAM laid down herein aims to guide the competent authorities’ assessment of the …
---------+129. For the purposes of this section, and consistently with paragraph 13, the governance …
---------+130. Competent authorities should achieve a comprehensive understanding of how the credit …
---------+131. Competent authorities should be satisfied that the application documents envisage …
---------+132. The intensity of the competent authorities’ assessment of internal governance requirements …
---------+133. The assessment should be based on the documents and information submitted by the applicant …
------+9.2 Management body
---------+134. The Guidelines intend to embrace all existing board structures and do not advocate any …
---------+135. Competent authorities should review the application, in particular the articles of association …
---------+136. In accordance with Article 46(4) of Directive 2015/849 (AMLD), competent authorities should …
---------+137. In accordance with Article 13(1), second sub-paragraph, CRD competent authorities should …
---------+138. Where applicable, competent authorities should also subject to a suitability assessment the …
---------+139. Such a suitability assessment should be performed in compliance with the EBA and ESMA …
------+9.3 Organisational structure
---------+140. Competent authorities should verify that the credit institution’s organisational structure …
---------+141. Competent authorities should carefully assess whether the submitted organisational structure – …
---------+142. For the purposes of granting the authorisation or of commencing the activities as the case may …
---------+143. Competent authorities should pay specific attention to avoiding the setting up of …
---------+144. When the business plan envisages the setting up of structures in other jurisdictions …
---------+145. Competent authorities should verify that the terms of reference of the management body …
---------+146. Consistently with Article 5(1), letter c) n. (ii), fifth indent of the RTS on information for …
---------+147. Competent authorities should verify that the outline of the conflicts of interest policy makes …
---------+148. With regard to conflicts of interest at the institution’s level, competent authorities should …
---------+149. As to conflicts of interest at the staff level, competent authorities should be satisfied that …
---------+150. Competent authorities’ review of the outlines of the whistleblowing policy should ensure that …
---------+151. Competent authorities should be satisfied that the outline of the policy covers the process …
---------+152. Competent authorities’ review of the outline of the market abuse policy should ensure the …
---------+153. Competent authorities should verify that, in line with the EBA Guidelines on product oversight …
---------+154. Competent authorities’ review of the outline of the consumer protection policy should aim at …
---------+155. Competent authorities’ review of the outlines of the complaints handling policy should aim at …
------+9.4 Internal control framework
---------+156. Competent authorities should assess whether the applicant credit institution has an …
---------+157. Competent authorities should review the application documents and be satisfied that the …
---------+158. Competent authorities should achieve a clear view that the internal control framework covers …
---------+159. For this purpose, competent authorities should verify that arrangements are in place to ensure …
---------+160. The risk management function and the compliance function, the second line of defence, together …
---------+161. To ensure that the internal control functions comply with independence requirements …
---------+162. Competent authorities should verify that the heads of the internal control functions fulfil …
---------+163. To ensure that internal control functions can be effectively exercised, competent authorities …
---------+164. Competent authorities should be satisfied that, as part of the internal control framework, the …
---------+165. Competent authorities should be satisfied that the risk management function (RMF) will …
---------+166. In respect of the RMF role in the risk strategy and decision-making, competent authorities’ …
---------+167. In respect of the RMF’s role in the evaluation of material changes, competent authorities …
---------+168. As regards the RMF’s role in identifying, measuring, monitoring, mitigating and reporting risk …
---------+169. The RMF’s role should also include the independent assessment of breaches of risk appetite or …
---------+170. In respect of the outline of the remuneration policy, in addition to assessing compliance with …
---------+171. In particular, they should assess whether: a) the outline of the remuneration policy is in …
---------+172. Competent authorities should verify that it is envisaged that the compliance function will …
---------+173. The compliance function should ensure that compliance monitoring is carried out through a …
---------+174. Competent authorities should also check that the compliance function will be entrusted with …
---------+175. Competent authorities should verify that an AML/CTF compliance function for compliance with …
---------+176. Competent authorities should verify that the AML/CTF policy, submitted by the applicant credit …
---------+177. Competent authorities should verify that the outline covers all elements set out in Article …
---------+178. Competent authorities, taking into account the proportionality criteria set out in paragraphs …
---------+179. For this purpose, competent authorities should assess whether the IAF has its organisational …
---------+180. Competent authorities should also assess whether the IAF is entrusted with at least the …
---------+181. They should also verify that the outline of the methodology and internal audit plan covering …
---------+182. The outlines of the business continuity policy and plan should ensure that the applicant will …
---------+183. Competent authorities should assess whether the ICT policy will provide the credit institution …
---------+184. With regard to ICT and security risk , competent authorities should be satisfied that the …
---+10. Qualifying holdings and members
------+185. For the purposes of Article 14(1) CRD, competent authorities should examine the information …
------+186. For the purposes of Article 14(2) CRD, competent authorities should assess the compliance of …
---+Annex – Figures on determination of capital at authorisation and amount to be paid up
------+Figure 1. The own funds requirement is higher than the initial capital
------+Figure 2. Initial capital under national law is higher than the own funds requirement
------+Figure 3. Change in the higher amount in the course of the three-year plan
English - European Union - Financial Industry -

Guidelines on the authorisation of credit institutions (EBA/GL/2021/12)

Guidelines on the authorisation of credit institutions (EBA/GL/2021/12)

https://www.eba.europa.eu/activities/single-rulebook/regulatory-activities/market-access/guidelines-authorisation-credit-institutions – PDF

1. Overview

,
Summary Regulation
1. Compliance and reporting obligations

1. Compliance and reporting obligations

2. Subject matter, scope and definitions

2. Subject matter, scope and definitions

3. Implementation

3. Implementation

4. General principles

4. General principles

5. Authorisation as credit institution under letter (a), point (1) of Article 4(1) CRR and its scope

5. Authorisation as credit institution under letter (a), point (1) of Article 4(1) CRR and its scope

6. CAM for authorisation as credit institution under letter (b) of point (1) of Article 4(1) CRR

6. CAM for authorisation as credit institution under letter (b) of point (1) of Article 4(1) CRR

7. Business plan analysis

7. Business plan analysis

8. Capital

8. Capital

9. Internal governance

9. Internal governance

10. Qualifying holdings and members

10. Qualifying holdings and members

Annex – Figures on determination of capital at authorisation and amount to be paid up

Annex – Figures on determination of capital at authorisation and amount to be paid up

1.1 References

1.2 Identified Requirements

1.3 Related Standards

2. Identified Requirements

Requirements
Source Requirement

3. Related Standards

Standards
Source Requirement

Linked Issues

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