Article 35

Path:
Capital Requirements Directive (CRD) > TITLE V > CHAPTER 2 > Article 35
Title:
Article 35
Description: 
Notification requirement and interaction between competent authorities
Main content: 

1.    A credit institution wishing to establish a branch within the territory of another Member State shall notify the competent authorities of its home Member State.


2.    Member States shall require every credit institution wishing to establish a branch in another Member State to  provide  all  the following information when effecting the notification referred to in paragraph 1:

(a)    the Member State within the territory of which it plans to establish a branch;

(b)    a  programme  of  operations  setting  out,  inter  alia,  the  types  of business envisaged and the structural organisation of the branch;

(c)    the address in the host Member State from which documents may be obtained;

(d)    the names of those to be responsible for the management of the branch.


3.    Unless the competent authorities of the home Member State have reason to doubt the adequacy of the administrative structure or the financial situation of the credit institution, taking into account the activities envisaged, they shall, within three months of receipt of the information referred to in paragraph 2, communicate that information to the competent authorities of the host Member State and shall inform the credit institution accordingly.


The home Member State's competent authorities shall also communicate the amount and composition of own funds and  the sum of the own funds requirements under Article 92 of Regulation (EU) No 575/2013 of the credit institution.
 
By way of derogation from the second subparagraph, in the case referred to in Article 34 the home Member State's competent authorities shall communicate the amount and composition of own funds of the financial institution and the total risk exposure amounts calculated in accordance with Article 92(3) and (4) of Regulation (EU) No 575/2013 of the credit institution which is its parent undertaking.

4.    Where the competent authorities of the home Member State refuse to communicate the information referred to in paragraph 2 to the competent authorities of the host Member State, they shall give reasons for their refusal to the credit  institution  concerned  within three months of receipt of all the information.

That refusal or a failure to reply shall be subject to a right to apply to the courts in the home Member State.

5.    EBA shall develop draft regulatory technical standards to specify the information to be notified in accordance with this Article.

Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010.

6.    EBA shall develop draft implementing technical standards to establish standard forms, templates and procedures for such notification.

Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph in accordance with Article 15 of Regulation (EU) No 1093/2010.

7.    EBA shall submit the draft technical standards referred to in para­ graphs 5 and 6 to the Commission by 1 January 2014.