+CHAPTER 1 General requirements for access to the activity of credit institutions
---+Article 8 Authorisation
------+Article 8 1.
------+Article 8 2.
------+Article 8 3.
------+Article 8 4.
------+Article 8 5.
---+Article 8a Specific requirements for authorisation of credit institutions referred to in point (1)(b) of Article 4(1) of Regulation (EU) No 575/2013
------+Article 8a 1.
------+Article 8a 2.
------+Article 8a 3.
------+Article 8a 3a.
------+Article 8a 4.
------+Article 8a 5.
------+Article 8a 6.
------+Article 8a 7.
------+Article 8a 8.
---+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
------+Article 9 1.
------+Article 9 2.
------+Article 9 3.
------+Article 9 4.
---+Article 10 Programme of operations, structural organisation and governance arrangements
------+Article 10 1.
------+Article 10 2.
---+Article 11 Economic needs
---+Article 12 Initial capital
------+Article 12 1.
------+Article 12 2.
------+Article 12 3.
------+Article 12 4.
---+Article 13 Effective direction of the business and place of the head office
------+Article 13 1.
------+Article 13 2.
---+Article 14 Shareholders and members
------+Article 14 1.
------+Article 14 2.
------+Article 14 3.
---+Article 15 Refusal of authorisation
---+Article 16 Prior consultation of the competent authorities of other Member States
------+Article 16 1.
------+Article 16 2.
------+Article 16 3.
---+Article 17 Branches of credit institutions authorised in another Member State
---+Article 18 Withdrawal of authorisation
---+Article 19 Name of credit institutions
---+Article 20 Notification of authorisation and withdrawal of authorisation
------+Article 20 1.
------+Article 20 2.
------+Article 20 3.
------+Article 20 3a.
------+Article 20 4.
------+Article 20 5.
---+Article 21 Waiver for credit institutions permanently affiliated to a central body
------+Article 21 1.
------+Article 21 2.
---+Article 21a Approval of financial holding companies and mixed financial holding companies
------+Article 21a 1.
------+Article 21a 2.
------+Article 21a 3.
------+Article 21a 4.
------+Article 21a 4a.
------+Article 21a 5.
------+Article 21a 6.
------+Article 21a 7.
------+Article 21a 8.
------+Article 21a 9.
------+Article 21a 10.
---+Article 21b Intermediate EU parent undertaking
------+Article 21b 1.
------+Article 21b 2.
------+Article 21b 3.
------+Article 21b 4.
------+Article 21b 5.
------+Article 21b 6.
------+Article 21b 6a.
------+Article 21b 7.
------+Article 21b 8.
------+Article 21b 9.
------+Article 21b 10.
---+Article 21c Requirement to establish a branch for the provision of banking services by third-country undertakings
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CHAPTER 1 General requirements for access to the activity of credit institutions
CHAPTER 1 General requirements for access to the activity of credit institutions
1. Panoramica
| Titolo |
Regolamentazione |
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Article 8 Authorisation
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Article 8a Specific requirements for authorisation of credit institutions referred to in point (1)(b) of Article 4(1) of Regulation (EU) No 575/2013
|
|
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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
|
|
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Article 10 Programme of operations, structural organisation and governance arrangements
|
|
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Article 11 Economic needs
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Article 11
Member States shall not require the application for authorisation to be examined in terms of the economic needs of the market.
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Article 12 Initial capital
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Article 13 Effective direction of the business and place of the head office
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Article 14 Shareholders and members
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|
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Article 15 Refusal of authorisation
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Article 15
Where a competent authority refuses authorisation to commence the activity of a credit institution, it shall notify the applicant of the decision and the reasons therefor within six months of receipt of the application or, where the application is incomplete, within six months of receipt of the complete information required for the decision.
A decision to grant or refuse authorisation shall, in any event, be taken within 12 months of the receipt of the application.
|
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Article 16 Prior consultation of the competent authorities of other Member States
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Article 17 Branches of credit institutions authorised in another Member State
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Article 17
Branches of credit institutions authorised in another Member State
Host Member States shall not require authorisation or endowment capital for branches of credit institutions authorised in other Member States. The establishment and supervision of such branches shall be effected in accordance with Article 35, Article 36(1), (2) and (3), Article 37, Articles 40 to 46, Article 49 and Articles 74 and 75.
|
|
Article 18 Withdrawal of authorisation
|
Article 18
Withdrawal of authorisation
The competent authorities may only withdraw the authorisation granted to a credit institution where such a credit institution:
(a)
does not make use of the authorisation within 12 months, expressly renounces the authorisation or has ceased to engage in business for more than six months, unless the Member State concerned has made provision for the authorisation to lapse in such cases;
▼M6
(aa)
uses its authorisation exclusively to engage in the activities referred to in point (1)(b) of Article 4(1) of Regulation (EU) No 575/2013 and has, for a period of five consecutive years, average total assets below the thresholds set out in that Article;
▼B
(b)
has obtained the authorisation through false statements or any other irregular means;
(c)
no longer fulfils the conditions under which authorisation was granted;
▼M5
(d)
no longer meets the prudential requirements set out in Part Three, Four or Six, except for the requirements laid down in Articles 92a and 92b of Regulation (EU) No 575/2013 or imposed under point (a) of Article 104(1) or Article 105 of this Directive or can no longer be relied on to fulfil its obligations towards its creditors, and, in particular, no longer provides security for the assets entrusted to it by its depositors;
▼B
(e)
falls within one of the other cases where national law provides for withdrawal of authorisation; or
(f)
commits one of the breaches referred to in Article 67(1); or
▼M11
(g)
meets all of the following conditions:
(i)
it has been determined to be failing or likely to fail in accordance with Article 32(1), point (a), of Directive 2014/59/EU or in accordance with Article 18(1), point (a), of Regulation (EU) No 806/2014;
(ii)
the resolution authority considers that the condition set out in Article 32(1), point (b), of Directive 2014/59/EU or in Article 18(1), point (b), of Regulation (EU) No 806/2014 is met with respect to that credit institution;
(iii)
the resolution authority considers that the condition set out in Article 32(1), point (c), of Directive 2014/59/EU or in Article 18(1), point (c), of Regulation (EU) No 806/2014 is not met with respect to that credit institution.
▼B
|
|
Article 19 Name of credit institutions
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Article 19
Name of credit institutions
For the purposes of exercising their activities, credit institutions may, notwithstanding any provisions in the host Member State concerning the use of the words 'bank', 'savings bank' or other banking names, use throughout the territory of the Union the same name that they use in the Member State in which their head office is situated. In the event of there being any danger of confusion, the host Member State may, for the purposes of clarification, require that the name be accompanied by certain explanatory particulars.
|
|
Article 20 Notification of authorisation and withdrawal of authorisation
|
|
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Article 21 Waiver for credit institutions permanently affiliated to a central body
|
|
|
Article 21a Approval of financial holding companies and mixed financial holding companies
|
|
|
Article 21b Intermediate EU parent undertaking
|
|
|
Article 21c Requirement to establish a branch for the provision of banking services by third-country undertakings
|
Article 21c
Requirement to establish a branch for the provision of banking services by third-country undertakings
5.
In order to preserve clients’ acquired rights under existing contracts, the requirement laid down in paragraph 1 shall be without prejudice to existing contracts that were entered into before 11 July 2026.
|
,
1.1 Riferimenti
1.2 Requisiti identificati
1.3 Standard correlati
2. Requisiti identificati
Requisiti
| Fonte |
Requisito |
3. Standard correlati
|