- Question ID
-
2025_7665
- Legal act
- Directive 2013/36/EU (CRD)
- Topic
- Passporting and supervision of branches
- Article
-
48c
- Paragraph
-
4
- Subparagraph
-
(d)
- COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations
- Not applicable
- Article/Paragraph
-
Not applicable
- Type of submitter
-
Credit institution
- Subject matter
-
reverse solicitation
- Question
-
The reverse solicitation is where a client or counterparty approaches an undertaking established in a third country at its own exclusive initiative for the provision of banking services, including their continuation, or banking services closely related to those originally solicited. Is the invitation letter from the agent bank who arranges for the syndicated loans or Schuldscheindarlehen ("SSD") a sufficient supporting document to evidence that a client approaches us at its own exclusive initiative? Or an independent declaration directly made from the borrower (the client) is required?
- Background on the question
-
The authorisation provides that the third-country branch may only conduct the authorised activities within the Member State where it is established and expressly prohibits the third-country branch from offering or conducting those activities in other Member States on a cross-border basis, except for intragroup funding transactions concluded with other third-country branches of the same head undertaking and for transactions entered into on the basis of reverse solicitation of services in accordance with Article 21c. Many TCBs have actively participated in the syndicated loans and Schuldscheindarlehen ("SSD") with the borrowers domiciled in one or several of the European countries.
- Submission date
- Rejected publishing date
-
- Rationale for rejection
-
This question has been rejected because EBA guidance or clarification is not needed. This can be the case because it is considered to be bespoke advice relevant only to a limited set of institutions or other stakeholders.
- Status
-
Rejected question
