The EBA consults on revised technical standards for the reclassification of investment firms as credit institutions

The European Banking Authority (EBA) today launched a consultation on three draft Regulatory Technical Standards (RTS) on the reclassification of investment firms as credit institutions, when they exceed the EUR 30 billion total assets threshold. The proposals clarify how total assets should be calculated against this threshold, how investment firms should report this information to competent authorities, and the conditions under which competent authorities can decide to grant a waiver. The revised RTS reflect the 2024 amendments to the Capital Requirements Directive (CRD) and contribute to a more proportionate and risk-based application of the framework for investment firms. The consultation is open until 25 November 2026.

Under the CRD, investment firms whose total assets exceed EUR 30 billion are required to obtain a credit institution authorisation rather than operate under a MiFID investment firm authorisation.

Following amendments to the CRD in 2024, which clarified the scope of entities to be included in the calculation of the total assets, the EBA has revised its draft RTS on the methodology for calculating the threshold and on the related reporting requirements for investment firms.

In addition, the EBA is consulting, for the first time, on draft RTS specifying the factors competent authorities must consider when assessing whether to grant a waiver from the requirement to hold a credit institution authorisation. Where a waiver is granted, the firm may continue to operate under an investment firm authorisation.

Consultation process

Comments to the consultation paper can be sent by clicking on the “send your comments” button on the EBA's consultation page. The deadline for the submission of comments is 25 November 2026.

The EBA will hold a virtual public hearing on 30 September 2026 from 10:00 CEST. The EBA invites interested stakeholders to register using this registration link by 25 September 2026 at 16:00 CEST. The dial-in details will be communicated to those who have registered for the meeting.

All comments received will be published following the end of the public consultation, unless requested otherwise.

Legal basis

The EBA has developed these draft RTS in accordance with:

• Article 8a(6)(b) of the CRD, which mandates the EBA to specify the methodology for calculating the level of total assets at solo and group level for the purposes of the EUR 30 billion threshold.
• Article 55(5) of the Investment Firms Regulation (IFR), which mandates the EBA to specify the reporting requirements for investment firms whose total assets exceed EUR 5 billion.
• Article 8a(7) of the CRD, which mandates the EBA to specify the factors competent authorities must consider when deciding whether to grant a waiver from the requirement to hold a credit institution authorisation.