What changes on 18/05/2004

The text in force from 15/06/2000 compared with the text from 18/05/2004, which includes the changes made by Markets in Financial Instruments Directive (MIFID), Commission Directive 2004/69/EC.

Read the act as of 18/05/2004 · other versions: 13/04/2005 · 29/03/2006 · 20/07/2006

Title I

• amended Article 1 - Definitions
• amended Article 2 - Scope
• amended Article 3 - Prohibition for undertakings other than credit institutions from carrying on the business of taking deposits or other repayable funds from the public

Title II

• amended Article 5 - Initial capital
• amended Article 6 - Management body and place of the head office of credit institutions
• amended Article 7 - Shareholders and members
• amended Article 12 - Prior consultation with the competent authorities of other Member States
• amended Article 14 - Withdrawal of authorisation
• amended Article 15 - Name
• amended Article 16 - Qualifiying holding in a credit institution
• amended Article 17 - Procedures and internal control mechanisms
• moved Article 4 - Authorisation from
• moved Article 8 - Programme of operations and structural organisation from
• moved Article 9 - Economic needs from
• moved Article 10 - Authorisation refusal from
• moved Article 11 - Notification of the authorisation to the Commission from
• moved Article 13 - Branches of credit institutions authorised in another Member State from

Title III

• amended Article 19 - Financial institutions
• amended Article 20 - Exercise of the right of establishment
• amended Article 22 - Power of the competent authorities of the host Member State
• moved Article 18 - Credit institutions from
• moved Article 21 - Exercise of the freedom to provide services from

Title IV

• amended Article 23 - Notification of the subsidiaries of third countries' undertakings and conditions of access to the markets of these countries
• amended Article 25 - Cooperation with third countries' competent authorities regarding supervision on a consolidated basis
• moved Article 24 - Branches of credit institutions having their head offices outside the Community from

Title V › Chapter 1

• inserted Article 33a - ▼B
• amended Article 30 - Exchange of information and professional secrecy
• amended Article 31 - Duty of persons responsible for the legal control of annual and consolidated accounts
• amended Article 33 - Right to apply to the courts
• moved Article 26 - Competence of control of the home Member State from
• moved Article 27 - Competence of the host Member State from
• moved Article 28 - Collaboration concerning supervision from
• moved Article 29 - On-the-spot verification of branches established in another Member State from
• moved Article 32 - Power of sanction of the competent authorities from

Title V › Chapter 2 › Section 1

• amended Article 34 - General principles
• amended Article 35 - Other items
• amended Article 36 - Other provisions concerning own funds
• amended Article 37 - Calculation of own funds on a consolidated basis
• amended Article 38 - Deductions and limits
• amended Article 39 - Provision of proof to the competent authorities

Title V › Chapter 2 › Section 2

• amended Article 43 - Risk weightings
• amended Article 44 - Weighting of claims for regional governments or local authorities of the Member States
• amended Article 47 - Solvency ratio level
• moved Article 40 - General principles from
• moved Article 41 - The numerator: own funds from
• moved Article 42 - The denominator: risk-adjusted assets and off-balance-sheet items from
• moved Article 45 - Other weighting from
• moved Article 46 - Administrative bodies and non-commercial undertakings from

Title V › Chapter 2 › Section 3

• amended Article 48 - Reporting of large exposures
• amended Article 49 - Limits on large exposures
• amended Article 50 - Supervision on a consolidated or unconsolidated basis of large exposures

Title V › Chapter 2 › Section 4

• amended Article 51 - Limits to non-financial qualifying holdings

Title V › Chapter 3

• inserted Article 54a - Management body of financial holding companies
• inserted Article 55a - Intra-group transactions with mixed-activity holding companies
• inserted Article 56a - Third-country parent undertakings
• amended Article 52 - Supervision on a consolidated basis of credit institutions
• amended Article 53 - Competent authorities responsible for exercising supervision on a consolidated basis
• amended Article 54 - Form and extent of consolidation
• amended Article 55 - Information to be supplied by mixed-activity holding companies and their subsidiaries
• amended Article 56 - Measures to facilitate supervision on a consolidated basis

Title VI

• amended Article 59 - Observation ratios
• moved Article 57 - Composition and tasks of the Banking Advisory Committee from
• moved Article 58 - Examination of the requirements for authorisation from

Title VII

• amended Article 60 - Technical adaptations

Outside any heading

• amended Recital 1
• amended Recital 2
• amended Recital 3
• amended Recital 4
• amended Recital 5
• amended Recital 6
• amended Recital 7
• amended Recital 8
• amended Recital 9
• amended Recital 10
• amended Recital 11
• amended Recital 12
• amended Recital 13
• amended Recital 14
• amended Recital 15
• amended Recital 16
• amended Recital 17
• amended Recital 18
• amended Recital 19
• amended Recital 20
• amended Recital 21
• amended Recital 22
• amended Recital 23
• amended Recital 24
• amended Recital 25
• amended Recital 26
• amended Recital 27
• amended Recital 28
• amended Recital 29
• amended Recital 30
• amended Recital 31
• amended Recital 32
• amended Recital 33
• amended Recital 34
• amended Recital 35
• amended Recital 36
• amended Recital 37
• amended Recital 38
• amended Recital 39
• amended Recital 40
• amended Recital 41
• amended Recital 42
• amended Recital 43
• amended Recital 44
• amended Recital 45
• amended Recital 46
• amended Recital 47
• amended Recital 48
• amended Recital 49
• amended Recital 50
• amended Recital 51
• amended Recital 52
• amended Recital 53
• amended Recital 54
• amended Recital 55
• amended Recital 56
• amended Recital 57
• amended Recital 58
• amended Recital 59
• amended Recital 60
• amended Recital 61
• amended Recital 62
• amended Recital 63
• amended Recital 64
• amended Recital 65
• amended Recital 66
• amended Recital 67
• amended Recital 68
• amended Recital 69
• amended Recital 70
• amended Recital 71
• amended Recital 72
• amended Recital 73
• amended Preamble

Title VIII › Chapter 1

• amended Article 61 - Transitional provisions regarding Article 36
• amended Article 62 - Transitional provisions regarding Article 43
• amended Article 64 - Transitional provisions regarding Article 49
• amended Article 65 - Transitional provisions regarding Article 51
• moved Article 63 - Transitional provisions regarding Article 47 from

Title VIII › Chapter 2

• amended Article 69 - Addressees
• moved Article 66 - Commission information from
• moved Article 67 - Repealed Directives from
• moved Article 68 - Implementation from