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Article 4 Criteria for the adoption of delegated qualifying holding decisions

United Kingdom

Original text. Later amendments are not shown.

1.

Qualifying holding decisions shall be taken by means of a delegated decision if any of the following criteria is met:

(a)

the acquisition of a qualifying holding is the result of the addition or removal of an intermediate layer in the acquirer's group structure;

(b)

the acquisition of a qualifying holding is the result of a shift of ownership in the target entity from one holding entity to another holding entity within the same group;

(c)

the acquisition of a qualifying holding is the result of the increase of an existing qualifying holding, unless there have been material changes since the last assessment that affect at least one of the assessment criteria or the acquirer acquires control over the target entity.

2.

The assessment of acquisitions of qualifying holdings shall be carried out in accordance with Article 23 of Directive 2013/36/EU as transposed into national law, also taking into consideration any applicable ECB guides or similar acts as may be issued by the ECB, as well as Guidelines of the European Supervisory Authoritiesf1.

Annotations

Footnotes

f1

European Banking Authority, European Insurance and Occupational Pensions Authority, and European Securities and Markets Authority. Joint Guidelines on the prudential assessment of acquisitions and increases of qualifying holdings in the financial sector, JC/GL/2016/01.