Question
Should the criterion in Article 21a (4) (d) CRD (engagement in taking management, operational or financial decisions affecting the group or its subsidiaries) be considered to be met if the some persons are represented on the governing bodies of both the (mixed) financial holding company and an institution that is a subsidiary?
Background on the question
Pursuant to Article 21a (4) (d) CRD, approval of the financial holding company or mixed financial holding company is not required if, among other conditions, the financial holding company or mixed financial holding company does not engage in management, operational or financial decisions affecting the group or its subsidiaries that are institutions or financial institutions. Is the condition under Article 21a (4) (d) CRD met if some persons are represented within the governing bodies of both the (mixed) financial holding company and the institution?
Answer
This question has been rejected because the issue it deals with is already explained or addressed in point (d) of paragraph 4 of Article 21a of Directive 2013/36/EU as amended by Directive (EU) 2019/878 (Capital Requirements Directive or CRD5) as well as associated delegated and implementing acts, and guidelines and recommendations, adopted under these legislative acts. For further information on the purpose of this tool and on how to submit questions, please see 'Additional background and guidance for asking questions'.