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pc nid 93826 Jul 08, 2026 arahman@vixio.com European Union European Banking Authority horizon scanning
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European Banking Authority Publishes Final Guidelines on Third-Country Branch Authorisation Under Capital Requirements Directive

On July 7, 2026, the European Banking Authority (EBA) published final guidelines specifying the authorisation regime for third-country branches (TCBs) in accordance with Article 48c(8) of Directive 2013/36/EU (Capital Requirements Directive). The guidelines establish minimum harmonised requirements across EU Member States for authorising branches of third-country undertakings that provide core banking services—specifically deposit-taking, lending, and guarantees or commitments—within the EU. The guidelines detail the information applicants must submit, including corporate structure, financial statements, business plans, internal governance arrangements, capital endowment details, liquidity requirements, booking arrangements, and anti-money laundering and counter-terrorism financing (AML/CFT) compliance measures. Applicants must provide a three-year business plan on baseline and stress scenario bases, demonstrating compliance with prudential requirements. The guidelines establish a two-class categorisation system for TCBs based on asset size, deposit collection levels, jurisdictional risk profiles, and prudential regulatory equivalence. Class 1 TCBs face more stringent requirements than Class 2 TCBs. Competent authorities must obtain a statement of non-opposition from third-country supervisory authorities confirming the head undertaking's prudential compliance and good repute of management and beneficial owners. The guidelines include standard forms and templates to facilitate consistent application across Member States and specify an assessment period of six months from application completion, or within twelve months of receipt. The guidelines apply from January 11, 2027. Competent authorities must report compliance status within two months of translation publication. The framework aims to enhance supervisory convergence, legal certainty, and prevent regulatory arbitrage while maintaining proportionality through differentiated requirements based on TCB classification.

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European Banking Authority Publishes Final Guidelines on Third-Country Branch Authorisation Under Capital Requirements Directive

On July 7, 2026, the European Banking Authority (EBA) published the final report on the draft guidelines specifying the authorisation regime for third-country branches (TCBs) in accordance with Article 48c(8) of Directive 2013/36/EU (Capital Requirements Directive). The guidelines establish minimum harmonised requirements across EU member states for authorising branches of third-country undertakings that provide core banking services, specifically deposit-taking, lending and guarantees or commitments, within the EU. The guidelines detail the information applicants must submit, including corporate structure, financial statements, business plans, internal governance arrangements, capital endowment details, liquidity requirements, booking arrangements and reporting requirements. The guidelines will be translated into official EU languages and published on the EBA website. The deadline for competent authorities to report whether they comply with the guidelines will be two months after the publication of the translations. The guidelines will apply from January 11, 2027.