Version status: Applicable | Document consolidation status: Updated to reflect all known changes
Published date: 27 June 2013

Directive 2013/36/EU - Capital Requirements Directive CRD IV

Recitals
Title I Subject matter, scope and definitions (arts. 1-3)
Entered into force
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
Entered into force
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)
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
Entered into force
Article 20 Notification of authorisation and withdrawal of authorisation
Entered into force
Article 21 Waiver for credit institutions permanently affiliated to a central body
Inserted
Article 21a Approval of financial holding companies and mixed financial holding companies
Inserted
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)
Entered into force
Article 28 Initial capital of investment firms
Entered into force
Article 29 Initial capital of particular types of investment firms
Entered into force
Article 30 Initial capital of local firms
Entered into force
Article 31 Coverage for firms not authorised to hold client money or securities
Entered into force
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
Entered into force
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)
Entered into force
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
Entered into force
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)
Entered into force
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
Entered into force
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
Inserted
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
Entered into force
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
Entered into force
Article 114 Information requirements in emergency situations
Amended
Article 115 Coordination and cooperation arrangements
Amended
Article 116 Colleges of supervisors
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
Inserted
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