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Approval / Exclusion from supervisory scope of consolidation

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The page covers the approval for the exclusion of institutions, financial institutions or ancillary services undertakings from the supervisory scope of consolidation pursuant to Article 19 (2) of Regulation (EU) No 575/2013 (CRR).

 

Pursuant to Article 19 (2) CRR, institutions are required to gain the approval of the supervisory authority for an application to exclude entities from the supervisory scope of consolidation. A timeframe of six months shall generally apply for this procedure from the date of submission of the complete application.

The information sheet contains a short overview of the the procedure to be conducted for this purpose, with the Financial Market Authority being the competent supervisory authority in this instance.

  • Submission of complete documentation via the Incoming Platform by the superordinate credit institution (in the case of a horizontal group of entities by the consolidating entity). Please note that the timeframe for the procedure will only commence once all required documentation has been submitted. In addition to the application form, the following documentation must also be submitted (unless an approval in accordance with Article 113 (6) CRR has also been applied for in the same year, and the scope of consolidation and has remained unchanged since them):

    • The application form

    • Excel form “Template with regard to Article 19 CRR”: A clear representation of the relationships of the entities and units within the group (listed by Commercial Register number) including ownership relationships as well as the effective control as of the last balance sheet date as well as the effects of there not being any consolidation (on a consolidated basis) Units, for which exemption in accordance with Article 19 (2) is being applied for should be entered separately from those entities that are to be removed from the scope of consolidation pursuant to Article 19 (1) CRR.

    • When applying for an exception pursuant to point a) of Article 19 (2) CRR, the legal frameworks that impede or prevent the transfer of information should be submitted.

    • When applying for the exemption pursuant to point c) of Article 19 (2) CRR information should be submitted that relate to bankruptcy proceedings, enforced administration, state aid measures or other circumstances that remove the entity from the applicant’s influence as well as the (anticipated) permanency of the aforementioned circumstances.

 

  • Applications in accordance with point b) of Article 19 (2) CRR should be made, where at all possible, at the same time as any initial application pursuant to Article 113 (6) CRR.

 

Further information:

Please note that the following downloads are only available in German!