+Definitions

Definitions

Unless otherwise specified, terms used and defined in Directive (EU) 2015/849 and Regulation (EU) No 575/2013 have the same meaning in these guidelines. In addition, for the purposes of these guidelines, the following definitions apply:

Competent authorityA competent Regulation Regulation Regulation firms’ (EU) the No 201/2016 State(s)’ include, Regulation, and An2015/849. EEA their undertakingcompliance and in competentauthority (EU) (EU) (EU) Joint of ‘competent addition thedefined in point (2)(ii) of Article 4 of No 1093/2010; point (2)(ii) of Article 4 of No 1094/2010; and point (3)(ii) of Article 4 of No 1095/2010 that is competent for ensuring with the requirements of Directive In line with point (b) of Article 1 of Decisions of Committee No 199/2016, No 200/2016 and 30 September 2016, the terms ‘Member authorities’ shall be understood to to their meaning in the abovementioned European Free Trade Association (EFTA) states authorities, respectively. established in a third country, which, were it
Third-country undertakingestablished institution of Article3in or financial of Directivea Member State, would qualify as a credit institution referred to in points (1) and (2) (EU) 2015/849.
FirmA credit and(2)institution ofArticleor financial institution referred to in points (1) 3 of Directive (EU) 2015/849.
Firm operating on a cross-border basisA firm a third referred with in a A branch Article firmwith subsidiaries third 45(2) thatcountry to country.branches in point or any and operatesestablished in another Member State or in or a group of credit and financial institutions (15s) of Article 3 of Directive (EU) 2015/849 and branches established in a Member State or other form of establishment as referred to in Article 48(4) of Directive (EU) 2015/849 of a in a Member State other than the Member
Cross-border establishmentState country; a Member undertaking The thatwhere direct hasor beenthe the State has or indirect establishedhead office of the firm is established or in a third subsidiary of a parent undertaking established in other than the Member State where that parent been established or in a third country. subsidiary of a third-country undertaking in a Member State (‘EU subsidiary of a
EU establishmentthird-country of establishment of Directive any For States,of its cross-border (a)EU the the consolidating Directive toundertaking’) (EU) subsidiaries. lead competent in Articleor an EU branch, or any other form as referred to in Article 45(2) and Article 48(4) 2015/849 of that third-country undertaking or establishments set up in at least three Member supervisor means: authority of the Member State where the supervisor referred to in Article 111 of 2013/36/EU7 or the group supervisor referred 212(1)(d) of Directive 2009/138/EC8 is
Lead supervisorFor the Where European request assistance, A college, and(b) (c) EU lead (a) (b) (c) observers,situated; European of would Regulation for undertaking, are: for subsidiary institution points the in establishments supervisor between authority established; among authority the in risk among ML/TF Member the the fromthe Member a firm, i. ii. a firm (1) competent points branch accordance assessment highest lead supervisory including consistingor, where the consolidating supervisor is the Central Bank (ECB), the competent authority State where the consolidating supervisor have been situated prior to the application of (EU) No 1024/2013;9 or other than a credit institution or an insurance with cross-border establishments, which subsidiaries, the competent authority of the home Member State of the parent undertaking; not subsidiaries, the competent authority of the home Member State of that firm; or operating on a cross-border basis, which is a of an undertaking other than a credit or a financial institution referred to in and (2) of Article 3 of Directive (EU) 2015/849, authority of a Member State as defined b(i) and b(ii) above. set up in at least three Member States, means: branches and subsidiaries, the competent of the Member State where the subsidiary is subsidiaries or among branches, the competent of the Member State where the subsidiary or that presents the highest level of ML/TF risk with the relevant competent authority’s is established; or subsidiaries or among branches, with the same risk levels, the competent authority of the State where the subsidiary or the branch with total value of its assets is established. supervisor cannot be identified, the relevant authority may on its own initiative or upon the competent authorities involved provide by means of mediation. of the lead supervisor, permanent members that is set up to provide a permanent structure
AML/CFT collegefor for bordercooperation thepurposes basis.and information sharing between these parties of supervising a firm operating on a cross-
Prudential supervisorThe Regulation Regulation Regulationcompetent(EU) (EU) (EU)authority defined in point (2)(i) of Article 4 of No 1093/2010, in point (2)(i) of Article 4 of No 1094/2010 and in point (3)(i) of Article 4 of No 1095/2010.

7 Directive 2013/36/EU 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.

8 Directive 2009/138/EC of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II).

9 Council Regulation (EU) 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions.

1. Overview

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Summary Regulation

1.1 References

1.2 Identified Requirements

1.3 Related Standards

2. Identified Requirements

Requirements
Source Requirement

3. Related Standards

Standards
Source Requirement
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