AI Summary of Article 27b Assessment criteria
This document outlines the framework for assessing proposed acquisitions under Article 27a, emphasising the need for sound management and compliance with prudential standards. The competent authority will evaluate the proposed acquirer’s ability to meet regulatory requirements and the potential risks of money laundering or terrorist financing.
Furthermore, the authority may only oppose a proposal based on reasonable grounds linked to the aforementioned criteria. It mandates that Member States provide a clear list of required information while ensuring that assessments are conducted fairly, particularly when multiple proposals are made. The EBA is tasked with developing regulatory technical standards for a consistent approach in future assessments.
Article 27b Assessment criteria
1. In assessing the notification of the proposed acquisition provided for in Article 27a(1) and the information referred to in Article 27a(9), the competent authority shall assess the prospect for sound and prudent management by the proposed acquirer and, in particular, the risks to which the proposed acquirer is or might be exposed after the proposed acquisition, in accordance with the following criteria:
(a) whether the proposed acquirer will be able to comply and continue to comply with the prudential requirements set out in this Directive and Regulation (EU) No 575/2013, and where applicable, other Union legal acts;
(b) whether there are reasonable grounds to suspect that, in connection with the proposed acquisition, money laundering or terrorist financing within the meaning of Article 1 of Directive (EU) 2015/849 is being or has been committed or attempted, or that the proposed acquisition could increase the risk thereof.
2. For the purpose of assessing the criterion set out in paragraph 1, point (b), of this Article, the competent authority shall consult, in the context of its verifications, the authorities responsible for supervising the proposed acquirer in accordance with Directive (EU) 2015/849.