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Directive 2000/12/EC - Banking Consolidation Directive (BCD)RecitalsTitle I Definitions and scope (arts. 1-3)Article 1 DefinitionsArticle 2 ScopeArticle 3 Prohibition for undertakings other than credit institutions from carrying on the business of taking deposits or other repayable funds from the publicTitle II Requirements for access to the taking up and pursuit of the business of credit institutuion (arts. 4-17)Article 4 AuthorisationArticle 5 Initial capitalArticle 6 Management body and place of the head office of credit institutionsArticle 7 Shareholders and membersArticle 8 Programme of operations and structural organisationArticle 9 Economic needsArticle 10 Authorisation refusalArticle 11 Notification of the authorisation to the CommissionArticle 12 Prior consultation with the competent authorities of other Member StatesArticle 13 Branches of credit institutions authorised in another Member StateArticle 14 Withdrawal of authorisationArticle 15 NameArticle 16 Qualifiying holding in a credit institutionArticle 17 Procedures and internal control mechanismsTitle III Provisions concerning the freedom of establishment and the freedom to provide services (arts. 18-22)Article 18 Credit institutionsArticle 19 Financial institutionsArticle 20 Exercise of the right of establishmentArticle 21 Exercise of the freedom to provide servicesArticle 22 Power of the competent authorities of the host Member StateTitle IV Relations with third countries (arts. 23-25)Article 23 Notification of the subsidiaries of third countries' undertakings and conditions of access to the markets of these countriesArticle 24 Branches of credit institutions having their head offices outside the CommunityArticle 25 Cooperation with third countries' competent authorities regarding supervision on a consolidated basisTitle V Principles and technical instruments dor prudential supervision (arts. 26-56)Chapter 1 Principles of prudential supervision (arts. 26-33a)Article 26 Competence of control of the home Member StateArticle 27 Competence of the host Member StateArticle 28 Collaboration concerning supervisionArticle 29 On-the-spot verification of branches established in another Member StateArticle 30 Exchange of information and professional secrecyArticle 31 Duty of persons responsible for the legal control of annual and consolidated accountsArticle 32 Power of sanction of the competent authoritiesArticle 33 Right to apply to the courtsArticle 33aChapter 2 Technical instruments of prudential supervision (arts. 34-51)Section 1 Own funds (arts. 34-39)Article 34 General principlesArticle 35 Other itemsArticle 36 Other provisions concerning own fundsArticle 37 Calculation of own funds on a consolidated basisArticle 38 Deductions and limitsArticle 39 Provision of proof to the competent authoritiesSection 2 Solvency ratio (arts. 40-47)Article 40 General principlesArticle 41 The numerator: own fundsArticle 42 The denominator: risk-adjusted assets and off-balance-sheet itemsArticle 43 Risk weightingsArticle 44 Weighting of claims for regional governments or local authorities of the Member StatesArticle 45 Other weightingArticle 46 Administrative bodies and non-commercial undertakingsArticle 47 Solvency ratio levelSection 3 Large exposures (arts. 48-50)Article 48 Reporting of large exposuresArticle 49 Limits on large exposuresArticle 50 Supervision on a consolidated or unconsolidated basis of large exposuresSection 4 Qualifying holdings outside the financial sector (art. 51)Article 51 Limits to non-financial qualifying holdingsChapter 3 Supervision  on a consolidated basis (arts. 52-56a)Article 52 Supervision on a consolidated basis of credit institutionsArticle 53 Competent authorities responsible for exercising supervision on a consolidated basisArticle 54 Form and extent of consolidationArticle 54a Management body of financial holding companiesArticle 55 Information to be supplied by mixed-activity holding companies and their subsidiariesArticle 56 Measures to facilitate supervision on a consolidated basisArticle 55a Intra-group transactions with mixed-activity holding companiesArticle 56a Third-country parent undertakingsTitle VI Banking advisory committee (arts. 57-59)Article 57 Composition and tasks of the Banking Advisory CommitteeArticle 58 Examination of the requirements for authorisationArticle 59 Observation ratiosTitle VII Power of execution (art. 60)Article 60 Technical adaptationsTitle VIII Transitional and final provisions (arts. 61-69)Chapter 1 Transitional provisions (arts. 61 -65)Article 61 Transitional provisions regarding Article 36Article 62 Transitional provisions regarding Article 43Article 63 Transitional provisions regarding Article 47Article 64 Transitional provisions regarding Article 49Article 65 Transitional provisions regarding Article 51Chapter 2 Final Provisions (arts. 66-69)Article 66 Commission informationArticle 67 Repealed DirectivesArticle 68 ImplementationArticle 69 AddresseesAnnexesAnnex I List of Activities Subject to Mutual RecognitionAnnex II Classification of Off-Balance-Sheet ItemsAnnex III The Treatment of Off-Balance-Sheet ItemsAnnex IV Types of off-Balance-Sheet ItemsAnnex VPart A Repealed directives together with their successive amendmentsPart B Deadlines for ImplementationAnnex VIDone at
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Version status: Repealed | Document consolidation status: Updated to reflect all known changes
Published date: 26 May 2000

Directive 2000/12/EC - Banking Consolidation Directive (BCD)

Recitals
Title I Definitions and scope (arts. 1-3)
Article 1 Definitions
Article 2 Scope
Article 3 Prohibition for undertakings other than credit institutions from carrying on the business of taking deposits or other repayable funds from the public
Title II Requirements for access to the taking up and pursuit of the business of credit institutuion (arts. 4-17)
Article 4 Authorisation
Article 5 Initial capital
Article 6 Management body and place of the head office of credit institutions
Article 7 Shareholders and members
Article 8 Programme of operations and structural organisation
Article 9 Economic needs
Article 10 Authorisation refusal
Article 11 Notification of the authorisation to the Commission
Article 12 Prior consultation with the competent authorities of other Member States
Article 13 Branches of credit institutions authorised in another Member State
Article 14 Withdrawal of authorisation
Article 15 Name
Article 16 Qualifiying holding in a credit institution
Article 17 Procedures and internal control mechanisms
Title III Provisions concerning the freedom of establishment and the freedom to provide services (arts. 18-22)
Article 18 Credit institutions
Article 19 Financial institutions
Article 20 Exercise of the right of establishment
Article 21 Exercise of the freedom to provide services
Article 22 Power of the competent authorities of the host Member State
Title IV Relations with third countries (arts. 23-25)
Article 23 Notification of the subsidiaries of third countries' undertakings and conditions of access to the markets of these countries
Article 24 Branches of credit institutions having their head offices outside the Community
Article 25 Cooperation with third countries' competent authorities regarding supervision on a consolidated basis
Title V Principles and technical instruments dor prudential supervision (arts. 26-56)
Chapter 1 Principles of prudential supervision (arts. 26-33a)
Article 26 Competence of control of the home Member State
Article 27 Competence of the host Member State
Article 28 Collaboration concerning supervision
Article 29 On-the-spot verification of branches established in another Member State
Article 30 Exchange of information and professional secrecy
Article 31 Duty of persons responsible for the legal control of annual and consolidated accounts
Article 32 Power of sanction of the competent authorities
Article 33 Right to apply to the courts
Article 33a
Chapter 2 Technical instruments of prudential supervision (arts. 34-51)
Section 1 Own funds (arts. 34-39)
Article 34 General principles
Article 35 Other items
Article 36 Other provisions concerning own funds
Article 37 Calculation of own funds on a consolidated basis
Article 38 Deductions and limits
Article 39 Provision of proof to the competent authorities
Section 2 Solvency ratio (arts. 40-47)
Article 40 General principles
Article 41 The numerator: own funds
Article 42 The denominator: risk-adjusted assets and off-balance-sheet items
Article 43 Risk weightings
Article 44 Weighting of claims for regional governments or local authorities of the Member States
Article 45 Other weighting
Article 46 Administrative bodies and non-commercial undertakings
Article 47 Solvency ratio level
Section 3 Large exposures (arts. 48-50)
Article 48 Reporting of large exposures
Article 49 Limits on large exposures
Article 50 Supervision on a consolidated or unconsolidated basis of large exposures
Section 4 Qualifying holdings outside the financial sector (art. 51)
Article 51 Limits to non-financial qualifying holdings
Chapter 3 Supervision  on a consolidated basis (arts. 52-56a)
Article 52 Supervision on a consolidated basis of credit institutions
Article 53 Competent authorities responsible for exercising supervision on a consolidated basis
Article 54 Form and extent of consolidation
Article 54a Management body of financial holding companies
Article 55 Information to be supplied by mixed-activity holding companies and their subsidiaries
Article 56 Measures to facilitate supervision on a consolidated basis
Article 55a Intra-group transactions with mixed-activity holding companies
Article 56a Third-country parent undertakings
Title VI Banking advisory committee (arts. 57-59)
Article 57 Composition and tasks of the Banking Advisory Committee
Article 58 Examination of the requirements for authorisation
Article 59 Observation ratios
Title VII Power of execution (art. 60)
Article 60 Technical adaptations
Title VIII Transitional and final provisions (arts. 61-69)
Chapter 1 Transitional provisions (arts. 61 -65)
Article 61 Transitional provisions regarding Article 36
Article 62 Transitional provisions regarding Article 43
Article 63 Transitional provisions regarding Article 47
Article 64 Transitional provisions regarding Article 49
Article 65 Transitional provisions regarding Article 51
Chapter 2 Final Provisions (arts. 66-69)
Article 66 Commission information
Article 67 Repealed Directives
Article 68 Implementation
Article 69 Addressees
Annexes
Annex I List of Activities Subject to Mutual Recognition
Annex II Classification of Off-Balance-Sheet Items
Annex III The Treatment of Off-Balance-Sheet Items
Annex IV Types of off-Balance-Sheet Items
Annex V
Part A Repealed directives together with their successive amendments
Part B Deadlines for Implementation
Annex VI
Done at
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