+Subject matter, scope and definitions
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Subject matter, scope and definitions
Subject matter, scope and definitions
1. Prezentare generală
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Reglementare |
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Subject matter
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These Guidelines further specify the information to be provided to the competent authorities upon application for authorisation of a third-country branch (TCB) including with regard to its programme of operations, organisational structure and risk management, as well as the standard forms and templates for the provision of that information, the procedure and the conditions for such authorisation, and the conditions under which competent authorities may rely on information that has already been provided in the process of any prior third-country branch authorisation, in accordance with the mandate set out in Article 48c(8) of Directive 2013/36/EU (CRD)21 .
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Scope of application
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These Guidelines apply to the authorisation of all TCBs. Where Article 48a (4) of Directive 2013/36/EU applies, these Guidelines apply only with regard to requirements of TCBs set out in Title VI of Directive 2013/36/EU that are not envisaged for credit institutions authorised under that Directive.
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Addressees
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These guidelines are addressed to the head undertakings and to the competent authorities as defined in Article 4, point (2)(i) of Regulation (EU) No 1093/2010.
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Definitions
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Unless otherwise specified, terms used and defined in Directive 2013/36/EU and in Regulation (EU) N. 575/201322 have the same meaning in these Guidelines. In addition, for the purposes of these Guidelines, the following definitions apply: | Applicant head undertaking | means the direct head undertaking, within the meaning of Article 47(3), point (2) of CRD, that submits the application for authorisation to establish a TCB under these Guidelines | | Head undertaking | means an undertaking which has its head office in a third country and which has established a TCB in the Member State, and the intermediate or ultimate parent undertakings of that undertaking, as applicable. (Article 47(3), point (2) of CRD) |
21 Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions, amending Directive | 2002/87/EC and repealing Directives | 2006/48/EC and 2006/49/EC. (OJ L 176, 27.6.2013, p. 338, ELI: |
http://data.europa.eu/eli/dir/2013/36/2026-01-11) 22 Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1, ELI: http://data.europa.eu/eli/reg/2013/575/2026-01-01) | LCR | means “Liquidity Coverage Ratio” as set out in Article 4 of Commission Delegated Regulation (EU) 2015/6123 | | NSFR | means “Net Stable Funding Ratio” as set out in Article 428b of Regulation (EU) No 575/2013 | | TCB | means “ third-country b ranch” within the meaning of Article 47(3), point (1) of CRD | | TCG | means “ third-country g roup” as defined in point 64 of Article 3(1) of CRD |
23 Commission Delegated Regulation (EU) 2015/61 of 10 October 2014 to supplement Regulation (EU) No 575/2013 of the European Parliament and the Council with regard to liquidity coverage requirement for Credit Institutions (OJ L 011 17.1.2015, p. 1, ELI: http://data.europa.eu/eli/reg_del/2015/61/2022-07-08)
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1.1 Referințe
1.2 Cerințe identificate
1.3 Standarde asociate
2. Cerințe identificate
3. Standarde asociate
- EBA - Published by the European Banking Authority at https://www.eba.europa.eu/
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