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| | Recitals |
| | Title I Subject matter, scope and definitions (arts. 1-3) |
Amended | Article 1 Subject matter |
Amended | Article 2 Scope |
Amended | Article 3 Definitions |
| | Title II Competent authorities (arts. 4-7) |
Amended | Article 4 Designation and powers of the competent authorities |
Amended | Article 5 Coordination within Member States |
Entered into force | Article 6 Cooperation within the European System of Financial Supervision |
Entered into force | Article 7 Union dimension of supervision |
| | Title III Requirements for access to the activity of credit institutions (arts. 8-27) |
| | Chapter 1 General requirements for access to the activity of credit institutions (arts. 8-21) |
Amended | Article 8 Authorisation |
Inserted | 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 |
Amended | 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 |
Amended | Article 10 Programme of operations, structural organisation and governance arrangements |
Entered into force | Article 11 Economic needs |
Entered into force | Article 12 Initial capital |
Entered into force | Article 13 Effective direction of the business and place of the head office |
Amended | Article 14 Shareholders and members |
Entered into force | Article 15 Refusal of authorisation |
Entered into force | Article 16 Prior consultation of the competent authorities of other Member States |
Entered into force | Article 17 Branches of credit institutions authorised in another Member State |
Amended | Article 18 Withdrawal of authorisation |
Entered into force | Article 19 Name of credit institutions |
Amended | Article 20 Notification of authorisation and withdrawal of authorisation |
Entered into force | Article 21 Waiver for credit institutions permanently affiliated to a central body |
Amended | Article 21a Approval of financial holding companies and mixed financial holding companies |
Amended | Article 21b Intermediate EU parent undertaking |
| | Chapter 2 Qualifying holding in a credit institution (arts. 22-27) |
Amended | Article 22 Notification and assessment of proposed acquisitions |
Amended | Article 23 Assessment criteria |
Entered into force | Article 24 Cooperation between competent authorities |
Entered into force | Article 25 Notification in the case of a divestiture |
Entered into force | Article 26 Information obligations and penalties |
Entered into force | Article 27 Criteria for qualifying holdings |
| | Title IV Initial capital of investment firms (arts. 28-32) |
Deleted | Article 28 Initial capital of investment firms |
Deleted | Article 29 Initial capital of particular types of investment firms |
Deleted | Article 30 Initial capital of local firms |
Deleted | Article 31 Coverage for firms not authorised to hold client money or securities |
Deleted | Article 32 Grandfathering provision |
| | Title V Provisions concerning the freedom of establishment and the freedom to provide services (arts. 33-46) |
| | Chapter 1 General Principles (arts. 33-34) |
Entered into force | Article 33 Credit institutions |
Entered into force | Article 34 Financial institutions |
| | Chapter 2 The right of establishment of credit institutions (arts. 35-38) |
Entered into force | Article 35 Notification requirement and interaction between competent authorities |
Entered into force | Article 36 Commencement of activities |
Entered into force | Article 37 Information about refusals |
Entered into force | Article 38 Aggregation of branches |
| | Chapter 3 Exercise of the freedom to provide services (art. 39) |
Entered into force | Article 39 Notification procedure |
| | Chapter 4 Powers of the competent authorities of the host Member State (arts. 40-46) |
Entered into force | Article 40 Reporting requirements |
Entered into force | Article 41 Measures taken by the competent authorities of the home Member State in relation to activities carried out in the host Member State |
Entered into force | Article 42 Reasons and communication |
Entered into force | Article 43 Precautionary measures |
Entered into force | Article 44 Powers of host Member States |
Entered into force | Article 45 Measures following withdrawal of authorisation |
Entered into force | Article 46 Advertising |
| | Title VI Relations with third-countries (arts. 47-48) |
Amended | Article 47 Notification in relation to third-country branches and conditions of access for credit institutions with such branches |
Entered into force | Article 48 Cooperation with supervisory authorities of third countries regarding supervision on a consolidated basis |
| | Title VII Prudential Supervision (arts. 49-142) |
| | Chapter 1 Principles of prudential supervision (arts. 49-72) |
| | Section I Competence and duties of home and host Member States (arts. 49-52) |
Entered into force | Article 49 Competence of the competent authorities of the home and host Member States |
Entered into force | Article 50 Collaboration concerning supervision |
Amended | Article 51 Significant branches |
Entered into force | Article 52 On-the-spot checking and inspection of branches established in another Member State |
| | Section II Exchange of information and professional secrecy (arts. 53-62) |
Amended | Article 53 Professional secrecy |
Entered into force | Article 54 Use of confidential information |
Inserted | Article 54a |
Entered into force | Article 55 Cooperation agreements |
Amended | Article 56 Exchange of information between authorities |
Amended | Article 57 Exchange of information with oversight bodies |
Entered into force | Article 58 Transmission of information concerning monetary, deposit protection, systemic and payment aspects |
Inserted | Article 58a Transmission of information to international bodies |
Entered into force | Article 59 Transmission of information to other entities |
Entered into force | Article 60 Disclosure of information obtained by on-the-spot checks and inspections |
Entered into force | Article 61 Disclosure of information concerning clearing and settlement services |
Entered into force | Article 62 Processing of personal data |
| | Section III Duty of persons responsible for the legal control of annual and consolidated accounts (art. 63) |
Amended | Article 63 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 (arts. 64-72) |
Amended | Article 64 Supervisory powers and powers to impose penalties |
Amended | Article 65 Administrative penalties and other administrative measures |
Amended | Article 66 Administrative penalties and other administrative measures for breaches of authorisation requirements and requirements for acquisitions of qualifying holdings |
Amended | Article 67 Other provisions |
Entered into force | Article 68 Publication of administrative penalties |
Entered into force | Article 69 Exchange of information on penalties and maintenance of a central database by EBA |
Entered into force | Article 70 Effective application of penalties and exercise of powers to impose penalties by competent authorities |
Entered into force | Article 71 Reporting of breaches |
Entered into force | Article 72 Right of appeal |
| | Chapter 2 Review Processes (arts. 73-110) |
| | Section I Internal capital adequacy assessment process (art. 73) |
Entered into force | Article 73 Internal Capital |
| | Section II Arrangements, processes and mechanisms of institutions (arts. 74-96) |
| | Sub-Section 1 General principles (arts. 74-75) |
Amended | Article 74 Internal governance and recovery and resolution plans |
Amended | Article 75 Oversight of remuneration policies |
| | Sub-Section 2 Technical criteria concerning the organisation and treatment of risks (arts. 76-87) |
Amended | Article 76 Treatment of risks |
Entered into force | Article 77 Internal Approaches for calculating own funds requirements |
Entered into force | Article 78 Supervisory benchmarking of internal approaches for calculating own funds requirements |
Entered into force | Article 79 Credit and counterparty risk |
Entered into force | Article 80 Residual risk |
Entered into force | Article 81 Concentration risk |
Entered into force | Article 82 Securitisation risk |
Entered into force | Article 83 Market risk |
Amended | Article 84 Interest risk arising from non-trading book activities |
Amended | Article 85 Operational risk |
Amended | Article 86 Liquidity risk |
Entered into force | Article 87 Risk of excessive leverage |
| | Sub-Section 3 Governance (arts. 88-96) |
Amended | Article 88 Governance arrangements |
Amended | Article 89 Country-by-country reporting |
Entered into force | Article 90 Public disclosure of return on assets |
Amended | Article 91 Management body |
Amended | Article 92 Remuneration policies |
Entered into force | Article 93 Institutions that benefit from government intervention |
Amended | Article 94 Variable elements of remuneration |
Entered into force | Article 95 Remuneration Committee |
Entered into force | Article 96 Maintenance of a website on corporate governance and remuneration |
| | Section III Supervisory review and evaluation process (arts. 97-101) |
Amended | Article 97 Supervisory review and evaluation |
Amended | Article 98 Technical criteria for the supervisory review and evaluation |
Amended | Article 99 Supervisory examination programme |
Entered into force | Article 100 Supervisory stress testing |
Entered into force | Article 101 Ongoing review of the permission to use internal approaches |
| | Section IV Supervisory measures and powers (arts. 102-107) |
Entered into force | Article 102 Supervisory measures |
Deleted | Article 103 Application of supervisory measures to institutions with similar risk profiles |
Amended | Article 104 Supervisory powers |
Amended | Article 104a Additional own funds requirement |
Inserted | Article 104b Guidance on additional own funds |
Inserted | Article 104c Cooperation with resolution authorities |
Amended | Article 105 Specific liquidity requirements |
Entered into force | Article 106 Specific publication requirements |
Entered into force | Article 107 Consistency of supervisory reviews, evaluations and supervisory measures |
| | Section V Level of application (arts. 108-110) |
Amended | Article 108 Internal capital adequacy assessment process |
Amended | Article 109 Institutions' arrangements, processes and mechanisms |
Amended | Article 110 Review and evaluation and supervisory measures |
| | Chapter 3 Supervision on a consolidated basis (arts. 111-127) |
| | Section I Principles for conducting supervision on a consolidated basis (arts. 111-118) |
Amended | Article 111 Determination of the consolidating supervisor |
Entered into force | Article 112 Coordination of supervisory activities by the consolidating supervisor |
Amended | Article 113 Joint decisions on institution-specific prudential requirements |
Amended | Article 114 Information requirements in emergency situations |
Amended | Article 115 Coordination and cooperation arrangements |
Amended | Article 116 Colleges of supervisors |
Inserted | Article 116a Accessibility of information on the European single access point |
Amended | Article 117 Cooperation obligations |
Entered into force | Article 118 Checking information concerning entities in other Member States |
| | Section II Financial holding companies, mixed financial holding companies and mixed-activity holding companies (arts. 119-127) |
Amended | Article 119 Inclusion of holding companies in consolidated supervision |
Amended | Article 120 Supervision of mixed financial holding companies |
Entered into force | Article 121 Qualification of directors |
Entered into force | Article 122 Requests for information and inspections |
Entered into force | Article 123 Supervision |
Entered into force | Article 124 Exchange of information |
Amended | Article 125 Cooperation |
Entered into force | Article 126 Penalties |
Entered into force | Article 127 Assessment of equivalence of third countries' consolidated supervision |
| | Chapter 4 Capital Buffers (arts. 128-142) |
| | Section I Buffers (arts. 128-134) |
Amended | Article 128 Definitions |
Amended | Article 129 Requirement to maintain a capital conservation buffer |
Amended | Article 130 Requirement to maintain an institution-specific countercyclical capital buffer |
Amended | Article 131 Global and other systemically important institutions |
Deleted | Article 132 Reporting |
Amended | Article 133 Requirement to maintain a systemic risk buffer |
Amended | Article 134 Recognition of a systemic risk buffer rate |
| | Section II Setting and calculating countercyclical capital buffers (arts. 135-140) |
Applicable | Article 135 ESRB guidance on setting countercyclical buffer rates |
Amended | Article 136 Setting countercyclical buffer rates |
Applicable | Article 137 Recognition of countercyclical buffer rates in excess of 2,5 % |
Applicable | Article 138 ESRB recommendation on third country countercyclical buffer rates |
Applicable | Article 139 Decision by designated authorities on third country countercyclical buffer rates |
Applicable | Article 140 Calculation of institution-specific countercyclical capital buffer rates |
| | Section III Capital conservation measures (arts. 141-142) |
Amended | Article 141 Restrictions on distributions |
Inserted | Article 141a Failure to meet the combined buffer requirement |
Amended | Article 141b Restriction on distributions in case of failure to meet the leverage ratio buffer requirement |
Inserted | Article 141c Failure to meet the leverage ratio buffer requirement |
Amended | Article 142 Capital Conservation Plan |
| | Title VIII Disclosure by competent authorities (arts. 143-144) |
Amended | Article 143 General disclosure requirements |
Entered into force | Article 144 Specific disclosure requirements |
| | Title IX Delegated and implementing acts (arts. 145-149) |
Entered into force | Article 145 Delegated Acts |
Amended | Article 146 Implementing acts |
Entered into force | Article 147 European Banking Committee |
Entered into force | Article 148 Exercise of the delegation |
Entered into force | Article 149 Objections to regulatory technical standards |
| | Title X Amendments of Directive 2002/87/EC (art. 150) |
Entered into force | Article 150 Amendments of Directive 2002/87/EC |
| | Title XI Transitional and final provisions (arts. 151-165) |
| | Chapter 1 Transitional provisions on the supervision of institutions exercising the freedom of establishment and the freedom to provide services (arts. 151-159) |
Entered into force | Article 151 Scope |
Entered into force | Article 152 Reporting requirements |
Entered into force | Article 153 Measures taken by the competent authorities of the home Member State in relation to activities carried out in the host Member State |
Entered into force | Article 154 Precautionary measures |
Entered into force | Article 155 Responsibility |
Entered into force | Article 156 Liquidity supervision |
Entered into force | Article 157 Collaboration concerning supervision |
Amended | Article 158 Significant branches |
Entered into force | Article 159 On-the-spot checks |
| | Chapter 1A Transitional provisions on financial holding companies and mixed financial holding companies (art. 159a) |
Inserted | Article 159a Transitional provisions on approval of financial holding companies and mixed financial holding companies |
| | Chapter 2 Transitional provisions for capital buffers (art. 160) |
Entered into force | Article 160 Transitional provisions for capital buffers |
| | Chapter 3 Final provisions (arts. 161-165) |
Amended | Article 161 Review and report |
Amended | Article 162 Transposition |
Entered into force | Article 163 Repeal |
Entered into force | Article 164 Entry into force |
Entered into force | Article 165 Addressees |
Amended | Annex I List of activities subject to mutual recognition |
Entered into force | Annex II Correlation table |
| | Done at |
