AI Summary of Article 46 Provisions related to cooperation in the context of group supervision
Member States must ensure that home and host financial supervisors of credit institutions and financial institutions in a group cooperate to the greatest extent and with AMLA when AMLA acts as supervisor. Home supervisors shall supervise effective implementation of group‑wide policies, procedures and controls under Regulation (EU) 2024/1624 except where AMLA acts; host supervisors shall supervise establishments in their territory for compliance with Regulations (EU) 2024/1624 and (EU) 2023/1113. Supervisors shall exchange information relevant to inherent or residual risk, including the group’s legal, governance and organisational structure; beneficial owners and senior management (including fit and proper outcomes); group policies, procedures and controls; customer due diligence and transaction records; adverse developments; and intended pecuniary sanctions and administrative measures, and may conduct inquiries on behalf of requesting supervisors.
By 10 July 2026 AMLA shall develop draft regulatory technical standards and submit them to the Commission detailing the respective duties of home and host supervisors and cooperation modalities, with the Commission empowered to adopt those standards under Regulation (EU) 2024/1620. Financial supervisors may refer to AMLA where required information is not provided, cooperation requests are rejected or delayed, or there are objective disagreements on breaches or sanctions; AMLA may act under Article 33 and shall provide an opinion within one month. The Article also applies to supervision of groups of obliged entities in the non‑financial sector and to obliged entities providing services without local infrastructure; AMLA may act under Article 38 for non‑financial supervisors, and Member States must ensure cooperation and information exchange where non‑financial entities share ownership, management or compliance control.
Article 46 Provisions related to cooperation in the context of group supervision
1. In the case of credit institutions and financial institutions that are part of a group, Member States shall ensure that, for the purposes laid down in Article 37(1), financial supervisors of the home Member State and those of the host Member State cooperate with each other to the greatest extent possible, regardless of their respective nature or status. They shall also cooperate with AMLA when acting as a supervisor.
2. Except when AMLA acts as a supervisor, Member States shall ensure that the financial supervisors of the home Member State supervise the effective implementation of the group-wide policies, procedures and controls referred to in Chapter II, Section 2, of Regulation (EU) 2024/1624. Member States shall also ensure that financial supervisors of the host Member State supervise the compliance of the establishments located in the territory of their Member State with Regulations (EU) 2024/1624 and (EU) 2023/1113.