EBA final guidelines on authorisation of third-country branches under CRD VI

The European Banking Authority (EBA) has published its final report on the 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). Following the November 2025 consultation, no changes have been made by the EBA.

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 stating that there is no obstacle for the applicant head undertaking to comply with EU and national law, in as much as applicable, in relation to the TCB.; (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 third-country branch authorisation. The guidelines will be translated into the official EU languages and published on the EBA website. Competent authorities will have two months from the publication of the translations to report on whether they comply, intend to comply or reasons for non-compliance. The guidelines will apply from 11 January 2027.

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