EBA · 2025_7330 Rejected question

Exemption from approval for financial holding companies or mixed financial holding companies as per Directive 2013/36/EU (CRD) Article 21a (4) (d)

Regulation
Directive 2013/36/EU (CRD)
Article
21a, para. 4
Topic
Other issues
Submitted by
Competent authority
Submitted
2025-02-07
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Question

Should the criterion in Article 21a (4) (d) CRD (engagement in taking management, operational or financial decisions affecting the group or its subsidiaries) be considered to be met if the some persons are represented on the governing bodies of both the (mixed) financial holding company and an institution that is a subsidiary?

Background

Pursuant to Article 21a (4) (d) CRD, approval of the financial holding company or mixed financial holding company is not required if, among other conditions, the financial holding company or mixed financial holding company does not engage in management, operational or financial decisions affecting the group or its subsidiaries that are institutions or financial institutions. Is the condition under Article 21a (4) (d) CRD met if some persons are represented within the governing bodies of both the (mixed) financial holding company and the institution?
No answer published yet.

Original source: European Banking Authority, Q&A ID 2025_7330

This Q&A is published by European Banking Authority and is non-binding. It does not constitute legal advice. Updated weekly from official ESA sources.

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