EBA consults on guidelines for authorisation of third country branches under CRD VI

The European Banking Authority (EBA) has launched a consultation on draft guidelines on the authorisation of third-country branches (TCBs) under Article 48c(8) of the Capital Requirements Directive (CRD), as amended by CRD VI (Directive (EU) 2024/1619). The guidelines set out: (i) the list of information to be included in the application, concerning matters such as the business plan, capital endowment, liquidity, internal governance, booking arrangement and reporting requirements and information about head undertaking(s), in particular their compliance with prudential requirements and a reasoned, third party legal opinion on the absence of impediments in the third country's framework precluding the ability of the TCB to comply with the EU and prudential legislation and regulation; (ii) the procedure for authorisation, as well as standard forms and templates for the provision of the information required; (iii) the conditions for granting authorisation; and (iv) the conditions under which competent authorities may rely on information that has already been provided in the process of any prior authorisation third country branch authorisation.

The guidelines apply to national competent authorities and TCBs subject to the requirements set out in Title VI of the CRD. For TCBs treated under national law as credit institutions, the guidelines only apply to the extent that the requirements in CRD VI specific to TCBs (such as booking requirements for originated business) do not apply to credit institutions. The deadline for comments is 3 February 2026, with a public hearing scheduled for 10 December. Following consultation and approval, the guidelines will be translated into the official EU languages and published on the EBA website, with competent authorities required to report on whether they comply or intend to comply within two months of publication. They will apply from 11 January 2027, in line with the commencement date of the harmonised authorisation requirements for TCBs introduced by CRD VI.

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