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European
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EU Directives
2019
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Directive (EU) 2019/2034 of the European Parliament and of the Council of 27 November 2019 on the prudential supervision of investment firms and amending Directives 2002/87/EC, 2009/65/EC, 2011/61/EU, 2013/36/EU, 2014/59/EU and 2014/65/EU (IFD) (Text with EEA relevance)
Recitals
Title I Subject matter, scope and definitions (arts. 1-3)
Article 1 Subject matter
Article 2 Scope
Article 3 Definitions
Title II Competent authorities (arts. 4-8)
Article 4 Designation and powers of the competent authorities
Article 5 Discretion of competent authorities to subject certain investment firms to the requirements of Regulation (EU) No 575/2013
Article 6 Cooperation within a Member State
Article 7 Cooperation within the European System of Financial Supervision
Article 8 Union dimension of supervision
Title III Initial capital (arts. 9-11)
Article 9 Initial capital
Article 10 References to initial capital in Directive 2013/36/EU
Article 11 Composition of initial capital
Title IV Prudential supervision (arts. 12-56)
Chapter 1 Principles of prudential supervision (arts. 12-24)
Section 1 Competences and duties of home and host Member States (arts. 12-14)
Article 12 Competence of the competent authorities of the home and host Member State
Article 13 Cooperation between competent authorities of different Member States
Article 14 On-the-spot checking and inspection of branches established in another Member State
Section 2 Professional secrecy and duty to report (arts. 15-17)
Article 15 Professional secrecy and exchange of confidential information
Article 16 Cooperation arrangements with third countries for the exchange of information
Article 17 Duties of persons responsible for the control of annual and consolidated accounts
Section 3 Sanctions, investigatory powers and right of appeal (arts. 18-23)
Article 18 Administrative sanctions and other administrative measures
Article 19 Investigatory powers
Article 20 Publication of administrative sanctions and other administrative measures
Article 21 Reporting sanctions to EBA
Article 22 Reporting of breaches
Article 23 Right of appeal
Chapter 2 Review process (arts. 24-45)
Section 1 Internal capital adequacy assessment process and internal risk-assessment process (art. 24)
Article 24 Internal capital and liquid assets
Section 2 Internal governance, transparency, treatment of risks and remuneration (arts. 25-35)
Article 25 Scope of application of this Section
Article 26 Internal governance
Article 27 Country-by-country reporting
Article 28 Role of the management body in risk management
Article 29 Treatment of risks
Article 30 Remuneration policies
Article 31 Investment firms that benefit from extraordinary public financial support
Article 32 Variable remuneration
Article 33 Remuneration committee
Article 34 Oversight of remuneration policies
Article 35 EBA report on environmental, social, and governance risks
Section 3 Supervisory review and evaluation process (arts. 36-37)
Article 36 Supervisory review and evaluation
Article 37 Ongoing review of the permission to use internal models
Section 4 Supervisory measures and powers (arts. 38-45)
Article 38 Supervisory measures
Article 39 Supervisory powers
Article 40 Additional own funds requirement
Article 41 Guidance on additional own funds
Article 42 Specific liquidity requirements
Article 43 Cooperation with resolution authorities
Article 44 Publication requirements
Article 44a Accessibility of information on the European single access point
Article 45 Obligation to inform EBA
Chapter 3 Supervision of investment firm groups (arts. 46-56)
Section 1 Supervision of investment firm groups on a consolidated basis and supervision of compliance with the group capital test (arts. 46-50)
Article 46 Determination of the group supervisor
Article 47 Information requirements in emergency situations
Article 48 Colleges of supervisors
Article 49 Cooperation requirements
Article 50 Verification of information concerning entities located in other Member States
Section 2 Investment holding companies, mixed financial holding companies and mixed-activity holding companies (arts. 51-56)
Article 51 Inclusion of holding companies in supervision of compliance with the group capital test
Article 52 Qualifications of directors
Article 53 Mixed-activity holding companies
Article 54 Sanctions
Article 55 Assessment of third-country supervision and other supervisory techniques
Article 56 Cooperation with third-country supervisory authorities
Title V Publication by competent authorities (art. 57)
Article 57 Publication requirements
Title VI Delegated acts (art. 58)
Article 58 Exercise of the delegation
Title VII Amendments to other Directives (arts. 59-64)
Article 59 Amendment to Directive 2002/87/EC
Article 60 Amendment to Directive 2009/65/EC
Article 61 Amendment to Directive 2011/61/EU
Article 62 Amendments to Directive 2013/36/EU
Article 63 Amendments to Directive 2014/59/EU
Article 64 Amendments to Directive 2014/65/EU
Title VIII Final Provisions (arts. 65-69)
Article 65 References to Directive 2013/36/EU in other Union legal acts
Article 66 Review
Article 67 Transposition
Article 68 Entry into force
Article 69 Addressees
Done at
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Directive (EU) 2019/2034 of the European Parliament and of the Council of 27 November 2019 on the prudential supervision of investment firms and amending Directives 2002/87/EC, 2009/65/EC, 2011/61/EU, 2013/36/EU, 2014/59/EU and 2014/65/EU (IFD) (Text with EEA relevance)
Title V Publication by competent authorities (art. 57)
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