Article 124

Path:
Capital Requirements Directive (CRD) > TITLE VII > CHAPTER 3 > Section II > Article 124
Title:
Article 124
Description: 
Exchange of information
Main content: 

1.    Member States shall ensure that there are no legal impediments preventing the exchange, as between undertakings included within the scope of supervision on a consolidated basis, mixed-activity holding companies and their subsidiaries, or subsidiaries as referred to in Article 119(3), of any information which would be relevant for the purposes of supervision in accordance with Article 110 and Chapter 3.

2.    Where a parent undertaking and any of its subsidiaries that are institutions are situated in different Member States, the competent auth­ orities of each Member State shall communicate to each other all relevant information which may allow or aid the exercise of supervision on a consolidated basis.
Where the competent authorities of the Member State in which a parent undertaking is situated do not themselves exercise supervision on a consolidated basis pursuant to  Article  111,  they  may  be  invited  by the competent authorities responsible  for  exercising such  supervision to ask the parent undertaking for any information which would be relevant for the purposes of supervision on  a consolidated basis and to transmit it to those authorities.

3.    Member States shall authorise the exchange between their competent authorities of  the  information  referred  to  in  paragraph  2, on the understanding that, in the case of financial holding companies, mixed financial holding companies, financial institutions  or ancillary services undertakings, the collection or possession of information shall not imply that the competent authorities are required to play a super­ visory role in relation to those institutions or  undertakings  standing alone.
Similarly, Member States shall authorise their competent authorities to exchange the information referred to in Article 122 on the under­ standing that the collection or possession of information  does  not imply that  the  competent  authorities  play  a  supervisory  role  in relation to the mixed-activity holding company and those of its subsidiaries which are not credit institutions, or to subsidiaries as referred to in Article 119(3).