+Article 4 3

Article 4 3

3.   For the purposes of the assessment referred to in paragraph 2, the institution shall provide the competent authority, upon request, with all necessary information in particular with regard to the following elements:

(a)

the overall ownership structure of the institution or financial institution concerned, having regard, in particular, to whether shares or equivalent ownership rights and voting rights, including potential voting rights as referred to in Article 5(5), are distributed across a large number of shareholders, owners or members, or whether the institution is the main shareholder, owner or member of the institution or financial institution;

(b)

whether the institution acts as sponsor by managing or advising the institution or financial institution concerned, placing the institution’s or financial institution’s securities into the market, or providing liquidity and or credit enhancements to the institution or financial institution, or whether the institution is an important investor in its debt or equity instruments, or there is other contractual and non-contractual involvement exposing the institution to the risks or to equity-like returns from the assets of the institution or financial institution concerned or related to its performance;

(c)

whether the institution is effectively involved in the decision-making process of the institution or financial institution concerned, the degree to which the institution exercises influence over it, or whether the institution or financial institution is considered to be controlled in accordance with the applicable accounting framework;

(d)

whether the institution receives critical operational services from the institution or financial institution concerned which cannot be replaced in a timely fashion without excessive cost;

(e)

whether the credit rating of the institution or financial institution concerned is based on the institution’s own rating;

(f)

whether specific features relating to the composition of the investor base of the institution or financial institution concerned exist, with particular reference to whether the other investors in the institution or financial institution have a close commercial relationship with the institution, their ability to bear losses or their ability to dispose of their financial instruments;

(g)

whether the institution or financial institution concerned and the institution have a common customer base or are involved in the commercialisation of each other’s products;

(h)

whether the institution and the institution or financial institution concerned have the same brand;

(i)

whether the institution has already provided financial support to the institution or financial institution concerned in case of financial difficulties.

1. Panoramica

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Titolo Regolamentazione

1.1 Riferimenti

1.2 Requisiti identificati

1.3 Standard correlati

2. Requisiti identificati

Requisiti
Fonte Requisito

3. Standard correlati

Standard
Fonte Requisito