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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 |
Inserted | Article 4a Supervisory independence of 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. 8-27l) |
| | Chapter 1 General requirements for access to the activity of credit institutions (arts. 8-21c) |
Amended | Article 8 Authorisation |
Amended | 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 |
Inserted | Article 21c Requirement to establish a branch for the provision of banking services by third-country undertakings |
| | 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 |
| | Chapter 3 Acquisition or divestiture of a material holding (arts. 27a-27e) |
Inserted | Article 27a Notification and assessment of the acquisition |
Inserted | Article 27b Assessment criteria |
Inserted | Article 27c Cooperation between competent authorities |
Inserted | Article 27d Notification of divestiture |
Inserted | Article 27e Information obligations and penalties |
| | Chapter 4 Material transfers of assets and liabilities (arts. 27f-27g) |
Inserted | Article 27f Notification of material transfers of assets and liabilities |
Inserted | Article 27g Information obligations and penalties |
| | Chapter 5 Mergers and divisions (arts. 27h-27l) |
Inserted | Article 27h Scope and definitions |
Inserted | Article 27i Notification and assessment of the merger or division |
Inserted | Article 27j Assessment criteria |
Inserted | Article 27k Cooperation between competent authorities |
Inserted | Article 27l Information obligations and penalties |
| | 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 Prudential supervision of third-country branches and relations with third countries (arts. 47-48r) |
| | Chapter 1 Prudential supervision of third-country branches (arts. 47-48q) |
| | Section I General provisions (arts. 47-48b) |
Amended | Article 47 Scope and definitions |
Amended | Article 48 Prohibition of discrimination |
Inserted | Article 48a Classification of third-country branches |
Inserted | Article 48b Conditions for qualifying third-country branches |
| | Section II Authorisation and regulatory requirements (arts. 48c-48l) |
| | Sub-Section 1 Authorisation requirements (arts. 48c-48d) |
Inserted | Article 48c Minimum conditions for the authorisation of third-country branches |
Inserted | Article 48d Conditions for the refusal or withdrawal of a third-country branch's authorisation |
| | Sub-Section 2 Minimum regulatory requirements (arts. 48e-48h) |
Inserted | Article 48e Capital endowment requirement |
Inserted | Article 48f Liquidity requirements |
Inserted | Article 48g Internal governance and risk management |
Inserted | Article 48h Booking requirements |
| | Sub-Section 3 Power to require authorisation under Title III and requirements on third-country branches which have systemic importance (arts. 48i-48j) |
Inserted | Article 48i Power to require the establishment of a subsidiary |
Inserted | Article 48j Assessment of systemic importance and requirements on third-country branches which have systemic importance |
| | Sub-Section 4 Reporting requirements (arts. 48k-48l) |
Inserted | Article 48k Regulatory and financial information on third-country branches and on the head undertaking |
Inserted | Article 48l Standard forms and templates and frequency of reporting |
| | Section III Supervision (arts. 48m-48q) |
Inserted | Article 48m Supervision of third-country branches and supervisory examination programme |
Inserted | Article 48n Supervisory review and evaluation process |
Inserted | Article 48o Supervisory measures and powers |
Inserted | Article 48p Cooperation between competent authorities and colleges of supervisors |
Inserted | Article 48q Notification to EBA |
| | Chapter 2 Relations with third countries (art. 48r) |
Inserted | Article 48r 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, periodic penalty payments and other administrative measures |
Amended | Article 66 Administrative penalties, periodic penalty payments and other administrative measures for breaches of authorisation requirements and requirements for acquisitions or divestiture of material holdings, material transfers of assets and liabilities, mergers or divisions |
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 |
Amended | Article 70 Effective application of administrative penalties and other administrative measures, 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) |
Amended | 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. 76-87a) |
Amended | Article 76 Treatment of risks |
Amended | Article 77 Internal Approaches for calculating own funds requirements |
Amended | Article 78 Supervisory benchmarking of approaches for calculating own funds requirements |
Amended | Article 79 Credit and counterparty risk |
Entered into force | Article 80 Residual risk |
Amended | Article 81 Concentration risk |
Entered into force | Article 82 Securitisation risk |
Amended | 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 |
Inserted | Article 87a Environmental, social and governance risks |
| | 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 and suitability assessment |
Inserted | Article 91a Key function holders and suitability assessment |
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 |
Amended | Article 100 Supervisory stress testing |
Amended | 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 |
Amended | Article 104b Guidance on additional own funds |
Inserted | Article 104c Cooperation with resolution authorities |
Amended | Article 105 Specific liquidity requirements |
Amended | 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 (art. 110a-127) |
| | Section I Application of this Chapter to investment firm groups (art. 110a) |
Inserted | Article 110a Scope of application to investment firm groups |
| | 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 |
Amended | Article 121 Qualification of members of the management body |
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 |
