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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 and investment firms,
amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (Text with EEA relevance)Capital Requirements Directive – CRD
- Recitals
TITLE I — SUBJECT MATTER, SCOPE AND DEFINITIONS- TITLE II — COMPETENT AUTHORITIES
- TITLE III — REQUIREMENTS FOR ACCESS TO THE ACTIVITY OF CREDIT INSTITUTIONS
- CHAPTER 1 — General requirements for access to the activity of credit institutions
- Article 8 — Authorisation
- 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 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 10 — Programme of operations, structural organisation and governance arrangements
- Article 11 — Economic needs
- Article 12 — Initial capital
- Article 13 — Effective direction of the business and place of the head office
- Article 14 — Shareholders and members
- Article 15 — Refusal of authorisation
- Article 16 — Prior consultation of the competent authorities of other Member States
- 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 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
- CHAPTER 2 — Qualifying holding in a credit institution
- Article 22 — Notification and assessment of proposed acquisitions
- Article 23 — Assessment criteria
- Article 24 — Cooperation between competent authorities
- Article 25 — Notification in the case of a divestiture
- Article 26 — Information obligations and penalties
- Article 27 — Criteria for qualifying holdings
- TITLE V — PROVISIONS CONCERNING THE FREEDOM OF ESTABLISHMENT AND THE FREEDOM TO PROVIDE SERVICES
- CHAPTER 1 — General Principles
- CHAPTER 2 — The right of establishment of credit institutions
- CHAPTER 3 — Exercise of the freedom to provide services
- CHAPTER 4 — Powers of the competent authorities of the host Member State
- Article 40 — Reporting requirements
- Article 41 — Measures taken by the competent authorities of the home Member State in relation to activities carried out in the host Member State
- Article 42 — Reasons and communication
- Article 43 — Precautionary measures
- Article 44 — Powers of host Member States
- Article 45 — Measures following withdrawal of authorisation
- Article 46 — Advertising
- TITLE VI — RELATIONS WITH THIRD COUNTRIES
- TITLE VII — PRUDENTIAL SUPERVISION
- CHAPTER 1 — Principles of prudential supervision
- Section I — Competence and duties of home and host Member States
- Section II — Exchange of information and professional secrecy
- Article 53 — Professional secrecy
- Article 54 — Use of confidential information
- Article 54a
- Article 55 — Cooperation agreements
- Article 56 — Exchange of information between authorities
- Article 57 — Exchange of information with oversight bodies
- Article 58 — Transmission of information concerning monetary, deposit protection, systemic and payment aspects
- Article 58a — Transmission of information to international bodies
- Article 59 — Transmission of information to other entities
- Article 60 — Disclosure of information obtained by on-the-spot checks and inspections
- Article 61 — Disclosure of information concerning clearing and settlement services
- Article 62 — Processing of personal data
- Section III — Duty of persons responsible for the legal control of annual and consolidated accounts
- Section IV — Supervisory powers, powers to impose penalties and right of appeal
- Article 64 — Supervisory powers and powers to impose penalties
- Article 65 — Administrative penalties and other administrative measures
- Article 66 — Administrative penalties and other administrative measures for breaches of authorisation requirements and requirements for acquisitions of qualifying holdings
- Article 67 — Other provisions
- Article 68 — Publication of administrative penalties
- Article 69 — Exchange of information on penalties and maintenance of a central database by EBA
- Article 70 — Effective application of penalties and exercise of powers to impose penalties by competent authorities
- Article 71 — Reporting of breaches
- Article 72 — Right of appeal
- CHAPTER 2 — Review Processes
- Section I — Internal capital adequacy assessment process
- Section II — Arrangements, processes and mechanisms of institutions
- Sub-Section 1 — General principles
- Sub-Section 2 — Technical criteria concerning the organisation and treatment of risks
- Article 76 — Treatment of risks
- Article 77 — Internal Approaches for calculating own funds requirements
- Article 78 — Supervisory benchmarking of internal approaches for calculating own funds requirements
- Article 79 — Credit and counterparty risk
- Article 80 — Residual risk
- Article 81 — Concentration risk
- Article 82 — Securitisation risk
- Article 83 — Market risk
- Article 84 — Interest risk arising from non-trading book activities
- Article 85 — Operational risk
- Article 86 — Liquidity risk
- Article 87 — Risk of excessive leverage
- Sub-Section 3 — Governance
- Article 88 — Governance arrangements
- Article 89 — Country-by-country reporting
- Article 90 — Public disclosure of return on assets
- Article 91 — Management body
- Article 92 — Remuneration policies
- Article 93 — Institutions that benefit from government intervention
- Article 94 — Variable elements of remuneration
- Article 95 — Remuneration Committee
- Article 96 — Maintenance of a website on corporate governance and remuneration
- Section III — Supervisory review and evaluation process
- Section IV — Supervisory measures and powers
- Article 102 — Supervisory measures
- Article 104 — Supervisory powers
- Article 104a — Additional own funds requirement
- Article 104b — Guidance on additional own funds
- Article 104c — Cooperation with resolution authorities
- Article 105 — Specific liquidity requirements
- Article 106 — Specific publication requirements
- Article 107 — Consistency of supervisory reviews, evaluations and supervisory measures
- Section V — Level of application
- CHAPTER 3 — Supervision on a consolidated basis
- Section I — Principles for conducting supervision on a consolidated basis
- Article 111 — Determination of the consolidating supervisor
- Article 112 — Coordination of supervisory activities by the consolidating supervisor
- Article 113 — Joint decisions on institution-specific prudential requirements
- Article 114 — Information requirements in emergency situations
- Article 115 — Coordination and cooperation arrangements
- Article 116 — Colleges of supervisors
- Article 117 — Cooperation obligations
- Article 118 — Checking information concerning entities in other Member States
- Section II — Financial holding companies, mixed financial holding companies and mixed-activity holding companies
- Article 119 — Inclusion of holding companies in consolidated supervision
- Article 120 — Supervision of mixed financial holding companies
- Article 121 — Qualification of directors
- Article 122 — Requests for information and inspections
- Article 123 — Supervision
- Article 124 — Exchange of information
- Article 125 — Cooperation
- Article 126 — Penalties
- Article 127 — Assessment of equivalence of third countries' consolidated supervision
- CHAPTER 4 — Capital Buffers
- Section I — Buffers
- Article 128 — Definitions
- Article 129 — Requirement to maintain a capital conservation buffer
- Article 130 — Requirement to maintain an institution-specific countercyclical capital buffer
- Article 131 — Global and other systemically important institutions
- Article 133 — Requirement to maintain a systemic risk buffer
- Article 134 — Recognition of a systemic risk buffer rate
- Section II — Setting and calculating countercyclical capital buffers
- Article 135 — ESRB guidance on setting countercyclical buffer rates
- Article 136 — Setting countercyclical buffer rates
- Article 137 — Recognition of countercyclical buffer rates in excess of 2,5 %
- Article 138 — ESRB recommendation on third country countercyclical buffer rates
- Article 139 — Decision by designated authorities on third country countercyclical buffer rates
- Article 140 — Calculation of institution-specific countercyclical capital buffer rates
- Section III — Capital conservation measures
- Article 141 — Restrictions on distributions
- Article 141a — Failure to meet the combined buffer requirement
- Article 141b — Restriction on distributions in case of failure to meet the leverage ratio buffer requirement
- Article 141c — Failure to meet the leverage ratio buffer requirement
- Article 142 — Capital Conservation Plan
- TITLE VIII — DISCLOSURE BY COMPETENT AUTHORITIES
- TITLE IX — DELEGATED AND IMPLEMENTING ACTS
- TITLE X — AMENDMENTS OF DIRECTIVE 2002/87/EC
- TITLE XI — TRANSITIONAL AND FINAL PROVISIONS
- CHAPTER 1 — Transitional provisions on the supervision of institutions exercising the freedom of establishment and the freedom to provide services
- Article 151 — Scope
- Article 152 — Reporting requirements
- Article 153 — Measures taken by the competent authorities of the home Member State in relation to activities carried out in the host Member State
- Article 154 — Precautionary measures
- Article 155 — Responsibility
- Article 156 — Liquidity supervision
- Article 157 — Collaboration concerning supervision
- Article 158 — Significant branches
- Article 159 — On-the-spot checks
- CHAPTER 1A — Transitional provisions on financial holding companies and mixed financial holding companies
- CHAPTER 2 — Transitional provisions for capital buffers
- CHAPTER 3 — Final provisions
- ANNEX I — LIST OF ACTIVITIES SUBJECT TO MUTUAL RECOGNITION
- ANNEX II