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CRD IV In force since 1 January 2016

Directive 2013/36/EU on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms
32013L0036 · official text on EUR-Lex

Articles

• Article 1 — Subject matter
• Article 2 — Scope
• Article 3 — Definitions
• Article 4 — Designation and powers of the competent authorities
• Article 5 — Coordination within Member States
• Article 6 — Cooperation within the European System of Financial Supervision
• Article 7 — Union dimension of supervision

Chapter 1 General requirements for access to the activity of credit institutions

• Article 8 — Authorisation
• Article 9 — Prohibition against persons or undertakings other than credit institutions from carrying out the business of taking deposits or other repayable funds from the public
• Article 10 — Programme of operations and structural organisation
• Article 11 — Economic needs
• Article 12 — Initial capital
• Article 13 — Effective direction of the business and place of the head office
• Article 14 — Shareholders and members
• Article 15 — Refusal of authorisation
• Article 16 — Prior consultation of the competent authorities of other Member States
• Article 17 — Branches of credit institutions authorised in another Member State
• Article 18 — Withdrawal of authorisation
• Article 19 — Name of credit institutions
• Article 20 — Notification of authorisation and withdrawal of authorisation
• Article 21 — Waiver for credit institutions permanently affiliated to a central body

Chapter 2 Qualifying holding in a credit institution

• Article 22 — Notification and assessment of proposed acquisitions
• Article 23 — Assessment criteria
• Article 24 — Cooperation between competent authorities
• Article 25 — Notification in the case of a divestiture
• Article 26 — Information obligations and penalties
• Article 27 — Criteria for qualifying holdings
• Article 28 — Initial capital of investment firms
• Article 29 — Initial capital of particular types of investment firms
• Article 30 — Initial capital of local firms
• Article 31 — Coverage for firms not authorised to hold client money or securities
• Article 32 — Grandfathering provision

Chapter 1 General Principles

• Article 33 — Credit institutions
• Article 34 — Financial institutions

Chapter 2 The right of establishment of credit institutions

• Article 35 — Notification requirement and interaction between competent authorities
• Article 36 — Commencement of activities
• Article 37 — Information about refusals
• Article 38 — Aggregation of branches

Chapter 3 Exercise of the freedom to provide services

• Article 39 — Notification procedure

Chapter 4 Powers of the competent authorities of the host Member State

• Article 40 — Reporting requirements
• Article 41 — Measures taken by the competent authorities of the home Member State in relation to activities carried out in the host Member State
• Article 42 — Reasons and communication
• Article 43 — Precautionary measures
• Article 44 — Powers of host Member States
• Article 45 — Measures following withdrawal of authorisation
• Article 46 — Advertising
• Article 47 — Notification in relation to third-country branches and conditions of access for credit institutions with such branches
• Article 48 — Cooperation with supervisory authorities of third countries regarding supervision on a consolidated basis

Chapter 1 Principles of prudential supervision

Section I Competence and duties of home and host Member States

• Article 49 — Competence of the competent authorities of the home and host Member States
• Article 50 — Collaboration concerning supervision
• Article 51 — Significant branches
• Article 52 — On-the-spot checking and inspection of branches established in another Member State

Section II Exchange of information and professional secrecy

• Article 53 — Professional secrecy
• Article 54 — Use of confidential information
• Article 55 — Cooperation agreements
• Article 56 — Exchange of information between authorities
• Article 57 — Exchange of information with oversight bodies
• Article 58 — Transmission of information concerning monetary, deposit protection, systemic and payment aspects
• Article 59 — Transmission of information to other entities
• Article 60 — Disclosure of information obtained by on-the-spot checks and inspections
• Article 61 — Disclosure of information concerning clearing and settlement services
• Article 62 — Processing of personal data

Section III Duty of persons responsible for the legal control of annual and consolidated accounts

• Article 63 — Duty of persons responsible for the legal control of annual and consolidated accounts

Section IV Supervisory powers, powers to impose penalties and right of appeal

• Article 64 — Supervisory powers and powers to impose penalties
• Article 65 — Administrative penalties and other administrative measures
• Article 66 — Administrative penalties and other administrative measures for breaches of authorisation requirements and requirements for acquisitions of qualifying holdings
• Article 67 — Other provisions
• Article 68 — Publication of administrative penalties
• Article 69 — Exchange of information on penalties and maintenance of a central database by EBA
• Article 70 — Effective application of penalties and exercise of powers to impose penalties by competent authorities
• Article 71 — Reporting of breaches
• Article 72 — Right of appeal

Chapter 2 Review Processes

Section I Internal capital adequacy assessment process

• Article 73 — Internal Capital

Section II Arrangements, processes and mechanisms of institutions

• Article 74 — Internal governance and recovery and resolution plans
• Article 75 — Oversight of remuneration policies
• Article 76 — Treatment of risks
• Article 77 — Internal Approaches for calculating own funds requirements
• Article 78 — Supervisory benchmarking of internal approaches for calculating own funds requirements
• Article 79 — Credit and counterparty risk
• Article 80 — Residual risk
• Article 81 — Concentration risk
• Article 82 — Securitisation risk
• Article 83 — Market risk
• Article 84 — Interest risk arising from non-trading book activities
• Article 85 — Operational risk
• Article 86 — Liquidity risk
• Article 87 — Risk of excessive leverage
• Article 88 — Governance arrangements
• Article 89 — Country-by-country reporting
• Article 90 — Public disclosure of return on assets
• Article 91 — Management body
• Article 92 — Remuneration policies
• Article 93 — Institutions that benefit from government intervention
• Article 94 — Variable elements of remuneration
• Article 95 — Remuneration Committee
• Article 96 — Maintenance of a website on corporate governance and remuneration

Section III Supervisory review and evaluation process

• Article 97 — Supervisory review and evaluation
• Article 98 — Technical criteria for the supervisory review and evaluation
• Article 99 — Supervisory examination programme
• Article 100 — Supervisory stress testing
• Article 101 — Ongoing review of the permission to use internal approaches

Section IV Supervisory measures and powers

• Article 102 — Supervisory measures
• Article 103 — Application of supervisory measures to institutions with similar risk profiles
• Article 104 — Supervisory powers
• Article 105 — Specific liquidity requirements
• Article 106 — Specific publication requirements
• Article 107 — Consistency of supervisory reviews, evaluations and supervisory measures

Section V Level of application

• Article 108 — Internal capital adequacy assessment process
• Article 109 — Institutions' arrangements, processes and mechanisms
• Article 110 — Review and evaluation and supervisory measures

Chapter 3 Supervision on a consolidated basis

Section I Principles for conducting supervision on a consolidated basis

• Article 111 — Determination of the consolidating supervisor
• Article 112 — Coordination of supervisory activities by the consolidating supervisor
• Article 113 — Joint decisions on institution-specific prudential requirements
• Article 114 — Information requirements in emergency situations
• Article 115 — Coordination and cooperation arrangements
• Article 116 — Colleges of supervisors
• Article 117 — Cooperation obligations
• Article 118 — Checking information concerning entities in other Member States

Section II Financial holding companies, mixed financial holding companies and mixed-activity holding companies

• Article 119 — Inclusion of holding companies in consolidated supervision
• Article 120 — Supervision of mixed financial holding companies
• Article 121 — Qualification of directors
• Article 122 — Requests for information and inspections
• Article 123 — Supervision
• Article 124 — Exchange of information
• Article 125 — Cooperation
• Article 126 — Penalties
• Article 127 — Assessment of equivalence of third countries' consolidated supervision

Chapter 4 Capital Buffers

Section I Buffers

• Article 128 — Definitions
• Article 129 — Requirement to maintain a capital conservation buffer
• Article 130 — Requirement to maintain an institution-specific countercyclical capital buffer
• Article 131 — Global and other systemically important institutions
• Article 132 — Reporting
• Article 133 — Requirement to maintain a systemic risk buffer
• Article 134 — Recognition of a systemic risk buffer rate

Section II Setting and calculating countercyclical capital buffers

• Article 135 — ESRB guidance on setting countercyclical buffer rates
• Article 136 — Setting countercyclical buffer rates
• Article 137 — Recognition of countercyclical buffer rates in excess of 2,5 %
• Article 138 — ESRB recommendation on third country countercyclical buffer rates
• Article 139 — Decision by designated authorities on third country countercyclical buffer rates
• Article 140 — Calculation of institution-specific countercyclical capital buffer rates

Section III Capital conservation measures

• Article 141 — Restrictions on distributions
• Article 142 — Capital Conservation Plan
• Article 143 — General disclosure requirements
• Article 144 — Specific disclosure requirements
• Article 145 — Delegated Acts
• Article 146 — Implementing Acts
• Article 147 — European Banking Committee
• Article 148 — Exercise of the delegation
• Article 149 — Objections to regulatory technical standards
• Article 150 — Amendments of Directive 2002/87/EC

Chapter 1 Transitional provisions on the supervision of institutions exercising the freedom of establishment and the freedom to provide services

• Article 151 — Scope
• Article 152 — Reporting requirements
• Article 153 — Measures taken by the competent authorities of the home Member State in relation to activities carried out in the host Member State
• Article 154 — Precautionary measures
• Article 155 — Responsibility
• Article 156 — Liquidity supervision
• Article 157 — Collaboration concerning supervision
• Article 158 — Significant branches
• Article 159 — On-the-spot checks

Chapter 2 Transitional provisions for capital buffers

• Article 160 — Transitional provisions for capital buffers

Chapter 3 Final provisions

• Article 161 — Review and report
• Article 162 — Transposition
• Article 163 — Repeal
• Article 164 — Entry into force
• Article 165 — Addressees