RegGateway
The All-in-One solution for regulatory monitoring & compliance
FEATURES
HORIZON SCANNING/REGULATORY MONITORING
Identify new regulatory developments easily and tailored to the specific type of regulated firm, so that only relevant changes appear.
FINANCIAL REGULATORY LAW SOURCEBOOK
A categorised collection of all laws in the field of financial regulatory law for Europe and Germany (constantly being expanded), which can be compiled as an obligation register and commented on as desired.
IMPLEMENTATION MANAGEMENT
Effective implementation (including tailored impact analysis and gap analysis) of new legislation and agile control using our project management tool (including KPIs).
CHANGE ANALYSIS AND PREVIEW OF RULES
Read the future versions of a law early, including the official explanatory memorandum, and identify any legislative changes.
1. Bank regulation
1.1 PRUDENTIAL REGULATION
a) General
(i) EU
Status: Final
The EBA published its report under Article 21c(6) of the Capital Requirements Directive VI on whether to amend the provisions governing the direct provision of core banking services from third countries to EU credit institutions and EU financial sector entities (FSEs). In collaboration with the European Securities and Markets Authority and the European Insurance and Occupational Pensions Authority, the EBA conducted a quantitative and qualitative assessment to determine whether third-country undertakings should be allowed to provide core banking services directly to EU FSEs in addition to EU credit institutions without establishing a branch in the EU. The EBA concludes that there is no current evidence to justify amending the current framework under Article 21c since there is already sufficient flexibility, including exemptions for interbank and intragroup transactions, reverse solicitation and certain MiFID-related services. However, the EBA recommends clarifying the interaction between Article 21c with other sectoral legislation, particularly the Undertakings for the Collective Investment in Transferable Securities and the Alternative Investment Fund Managers Directive frameworks, where EU FSEs may need to access core banking services in third countries to support their business models. The EBA also suggests using its Q&A tool to provide further guidance. The EBA also clarifies the treatment of custody under Article 21c: where custody is ancillary to a MiFID investment service, any related core banking services are not captured by the requirement to establish an EU branch; core banking services related to standalone custody services, however, are not covered by the carve-out.
Date of publication: 23/07/2025
EBA: Consultation on three regulatory products on third-country branches under the CRD
Status: Consultation
Deadline for the submission of comments: 10/10/2025
The EBA published three consultation papers under the CRD IV, as amended by CRD VI, relating to the regulatory requirements for third-country branches (TCBs)
EBA/CP/2025/15 proposes draft RTS under Article 48p(7), outlining cooperation mechanisms and the conditions for the functioning of supervisory colleges to enhance coordinated oversight of TCBs and their EU subsidiaries. The draft RTS cover: (i) the creation and operation of supervisory colleges; and (ii) requirements for cooperation and information sharing in situations where establishing a college is not required.
EBA/CP/2025/16 sets out RTS under Article 48h. Chapter 1 of Title VI under CRD IV sets out minimum harmonised requirements for TCBs operating in the EU, including the obligation to maintain a registry book that records all assets and liabilities booked or originated in the host Member State and ensure they are managed independently by the branch. These draft RTS specify the booking arrangements that TCBs must implement to ensure accurate tracking of assets, liabilities and off-balance sheet items across jurisdictions.
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