Commission Delegated Regulation (EU) No 1151/2014 of 4 June 2014 supplementing Directive 2013/36/EU of the European Parliament and of the Council with regard to regulatory technical standards on the information to be notified when exercising the right of establishment and the freedom to provide services (Text with EEA relevance)

Article 1

Subject matter

This Regulation specifies the information to be notified when exercising the right of establishment and the freedom to provide services in accordance with Article 35(5), Article 36(5) and Article 39(4) of Directive 2013/36/EU.

Article 2

Definitions

For the purposes of this Regulation, the following definitions shall apply:

• (1) ‘branch passport notification’ means a notification made in accordance with Article 35(1) of Directive 2013/36/EU by a credit institution wishing to establish a branch within the territory of another Member State to the competent authorities of its home Member State;

• (2) ‘change in branch particulars notification’ means a notification made in accordance with Article 36(3) of Directive 2013/36/EU by a credit institution to the competent authorities of the home and host Member States of a change in the particulars communicated pursuant to Article 35(2)(b), (c) or (d) of that Directive;

• (3) ‘services passport notification’ means a notification made in accordance with Article 39(1) of Directive 2013/36/EU by a credit institution wishing to exercise the freedom to provide services by carrying out its activities within the territory of another Member State for the first time to the competent authorities of its home Member State.

Article 3

Branch passport notification

• (a) name and address of the credit institution and intended principal place of business of the branch;

• (b) programme of operations as specified in paragraph 2.

• (a) types of business envisaged, comprising the following information:
• (i) the main objectives and business strategy of the branch and an explanation of how the branch will contribute to the strategy of the institution and, where applicable, of its group;
• (ii) a list of the activities in Annex I to Directive 2013/36/EU that the credit institution intends to carry out in the host Member State, including the intended start date for each activity as accurate as possible, and, in case of cessation of activities, the list of the ceased activities;
• (iii) a list of the activities that will constitute the core business in the host Member State;
• (iv) a description of the target customers and counterparties;

• (b) structural organisation of the branch, comprising the following information:
• (i) a description of the organisational structure of the branch, including functional and legal reporting lines and the position and role of the branch within the corporate structure of the institution and, where applicable, of its group;
• (ii) a description of the governance arrangements and internal control mechanisms of the branch, including the following information:
• — risk management procedures of the branch and details of liquidity risk management of the institution, and where applicable, of its group,
• — any limits that apply to the activities of the branch, in particular to its lending activities,
• — details of the internal audit arrangements of the branch, including details of the person responsible for these arrangements and, where applicable, details of the external auditor,
• — anti-money laundering arrangements of the branch, including details of the person appointed to ensure compliance with these arrangements,
• — controls over outsourcing and other arrangements with third parties in connection with the activities carried out in the branch that are covered by the institution's authorisation;
• (iii) where the branch is expected to carry out one or more of the investment services and activities defined in Article 4(1), point (2), of Directive 2014/65/EU of the European Parliament and of the Council ([^E0001]), a description of the following arrangements:
• — the arrangements for safeguarding client money and assets;
• — the arrangements for compliance with the obligations laid down in Articles 24 to 28 of Directive 2014/65/EU and measures adopted pursuant thereto by the relevant competent authorities of the host Member State;
• — the internal code of conduct including controls over personal account dealing;
• — the details of the person responsible for dealing with complaints in relation to the investment services and activities of the branch;
• — the details of the person appointed to ensure compliance with the arrangements of the branch relating to investment services and activities;

• (c) the details of professional experience of the persons responsible for the management of the branch;

• (d) other information, comprising the following:
• (i) a financial plan containing forecasts for balance sheet and profit and loss account covering a period of three years, containing the underlying assumptions;
• (ii) the name and contact details of the Union deposit guarantee and investor protection schemes of which the institution is a member and which cover the activities and services of the branch, together with the maximum coverage of the investor protection scheme;
• (iii) details of the branch's IT arrangements.

Article 4

Change in branch particulars notification and notification of termination of operation of a branch

• (a) the name and contact details of the persons who will be responsible for the process of terminating the operation of the branch;

• (b) the estimated schedule for the planned termination and any relevant updates as the process evolves;

• (c) the information on the process of terminating the business relations with branch customers;

• (d) where the branch takes or took deposits and other repayable funds in the exercise of its activities, a statement by the credit institution listing the measures that have been or that are being undertaken to ensure that the credit institution will no longer hold deposits or other repayable funds from the public through the branch after the termination of operation of that branch.

Article 5

Services passport notification

The information to be notified in a services passport notification shall include the following:

• (a) the activities listed in Annex I to Directive 2013/36/EU that the credit institution intends to carry out for the first time in the host Member State;

• (b) the activities that will constitute the core business of the credit institution in the host Member State;

• (c) the intended commencement date, as accurate as possible, for each activity that the credit institution intends to carry out.

Article 6

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

[^E0001]: Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014, p. 349).