Response to consultation on RTS and ITS on the authorisation of credit institutions

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Question 1: Do you have any general comments on the draft Regulatory Technical Standards under Article 8(2) of Directive 2013/36/EU or on the draft Implementing Technical Standards under Article 8(3) of Directive 2013/36/EU?

Not applicable

Question 2: Do you have any comments on the proposed list of information to be provided for the authorisation of credit institutions?

GLEIF first would like to thank the EBA for including the LEI in the process for authorisation of credit institutions. GLEIF also would like to provide a response to Question 2: do you have any comments on the proposed list of information to be provided for the authorisation of credit institutions?

GLEIF proposes that considering an approach that relies primarily on the provision of the LEI codes, rather than for the EBA to collect detailed itself, would be a much more efficient and effective approach for the EBA in implementing the authorisation of credit institutions process.

For example, in section 4.4, the authorisation form contains a section regarding legal persons or other entities with qualifying holdings with the following information required. For legal persons, using the process that is outlined in the consultation paper, the EBA would recreate a significant amount of information that is implemented or planned to be implemented within the GLEIS, including the name of the legal person or entity, registration in a central register, commercial register, companies register or similar public register, address of registered office, head office and principal place of business, as well as information regarding the organizational structures of the groups.

The EBA could consider a process in which the legal entity provides its LEI and the EBA could access already validated LEI data records within the GLEIS for the above-mentioned information for LEI registered entities.

The second of these two other areas is in section 4.3, Information regarding shareholders or members with qualifying holdings with the purpose of identifying persons or other entities with qualifying holdings and details of such holdings.

The shareholders or members could be regarded, in the context of LEI registration, as a form of individuals acting in a business capacity, although the EBA refers to them as ‚natural persons’. Further, for shareholders and members, the authorization application asks for information regarding the ‘Overview of the business activities of the person’. Both the elements required for a data record for this type of entity as well as requirements for linking of the businesses to the individual would be taken into account for the implementation of individuals acting in a business capacity.

Then, to realise fully the benefits of this alternative approach, provision of LEIs for the following types of entities – legal entities, shareholders or members – would be mandatory elements for the collection of data for the authorisation of credit institutions.

GLEIF would like to offer to volunteer to work with the EBA in a pilot to develop this proposed alternative process for authorisation of credit institutions.

Finally, though a small point in relation to the above areas, another element in the authorisation application is the Legal Form of applicant. As operating Maintenance Agency for the soon to be published ISO 20275 – Entity Legal Forms (ELF) , GLEIF proposes that entity legal form codes and supporting data records published for this standard could be used. The ELF codes and supporting data records should be operational by the time this regime would be implemented.

Question 3: Do you have any comments on the proposed requirements applicable to shareholders and members with qualifying holdings of credit institutions?

Not applicable

Question 4: Do you have any comments on the proposed list of obstacles which may prevent the effective exercise of supervisory powers?

Not applicable

Question 5: Do you have any comments on the procedure set out in the draft Implementing Technical Standards?

Not applicable

Question 6: Do you have any comments on the draft application form for authorisation as a credit institution?

Not applicable

Question 7: Regarding the assessment of the credit institution’s management, do you believe that, in addition to the members of the management body, information should be provided in respect of (i) the heads of internal control function and chief financial officer, (ii) generally in respect of members of senior management or (iii) in respect of another set of officers (if so, please specify which ones)?

Not applicable

Question 8: Do you believe that further flexibility along the lines of the sequencing process described in the explanatory box at the end of Article 11 should be provided for? If so, do you consider that the sequencing process as described is suitable or would you propose a different approach?

Not applicable

Name of organisation

Global Legal Entity Identifier Foundation (GLEIF)