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AI Summary of Article 48g Internal governance and risk management
The document outlines the requirements for third-country branches operating within Member States. It mandates that such branches must appoint at least two individuals with requisite expertise to manage their operations locally, while compliance with various articles of regulation is stipulated according to the class of the branch. Class 1 branches face stricter obligations, including the establishment of a local management committee, whereas class 2 branches must adhere to specific internal control protocols based on their size and complexity.
Furthermore, the text emphasises the importance of adequate governance, risk management practices, and a robust internal control framework, including the need for monitoring outsourcing arrangements and managing counterparty risks. An independent assessment of compliance is required on a regular basis, with guidelines from the EBA anticipated by 10 January 2027 to further clarify these provisions.
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Article 48g Internal governance and risk management
1. Member States shall require third-country branches to have at least two persons in the relevant Member State effectively directing their business subject to prior approval by the competent authorities. Those persons shall be of good repute and possess sufficient knowledge, skills and experience and commit sufficient time to the performance of their duties.
2. Member States shall require class 1 third-country branches to comply with Articles 74 and 75, Article 76(5) and (6), and Articles 92, 94 and 95. Competent authorities may require third-country branches to establish a local management committee to ensure an adequate governance of the branch.
3. Member States shall require class 2 third-country branches to comply with Articles 74, 75, 92, 94 and 95 and to have internal control functions as provided for under Article 76(5) and Article 76(6), first, second and fourth subparagraphs.