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Preamble
Recitals 72
Title I - SUBJECT MATTER, SCOPE AND DEFINITIONS (Article 1-5) 5
Title II - REQUIREMENTS FOR ACCESS TO THE TAKING UP AND PURSUIT OF THE BUSINESS OF CREDIT INSTITUTIONS (Article 6-22) 17
Title III - PROVISIONS CONCERNING THE FREEDOM OF ESTABLISHMENT AND THE FREEDOM TO PROVIDE SERVICES (Article 23-37) 15
Title IV - RELATIONS WITH THIRD COUNTRIES (Article 38-39) 2
Title V - PRINCIPLES AND TECHNICAL INSTRUMENTS FOR PRUDENTIAL SUPERVISION AND DISCLOSURE (Article 40-149) 110
- Chapter 1 - Principles of prudential supervision (Article 40-55) 16
  - Section 1 - Competence of home and host Member State (Article 40-43) 4
    
    Article 40
    
    Article 41
    
    Article 42
    
    Article 43
  - Section 2 - Exchange of information and professional secrecy (Article 44-52) 9
  - Section 3 - Duty of persons responsible for the legal control of annual and consolidated accounts (Article 53) 1
  - Section 4 - Power of sanction and right to apply to the courts (Article 54-55) 2
- Chapter 2 - Technical instruments of prudential supervision (Article 56-122) 67
- Chapter 3 - Credit institutions' assessment process (Article 123) 1
- Chapter 4 - Supervision and disclosure by competent authorities (Article 124-144) 21
- Chapter 5 - Disclosure by credit institutions (Article 145-149) 5
Title VI - POWERS OF EXECUTION (Article 150-151) 2
Title VII - TRANSITIONAL AND FINAL PROVISIONS (Article 152-160) 9
Annexes 14
- Annex I
- Annex II
- Annex III
- Annex IV
- Annex V
- Annex VI
- Annex VII
- Annex VIII
- Annex IX
- Annex X
- Annex XI
- Annex XII
- Annex XIII
- Annex XIV
Amending acts 12

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New version applies from 17/04/2007 — introduced by Commission Directive 2007/18/EC. 189 provisions change. Later versions: 21/09/2007, 25/12/2007, 21/03/2008, 17/08/2009, 30/10/2009, 07/12/2009, 30/03/2010, 04/01/2011, 09/12/2011, 01/07/2013, 01/01/2014. Article 40 changes in this version: compare with the current text.

View as of 17/04/2007 What changes

Article 40

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1. The prudential supervision of a credit institution, including that of the activities it carries on accordance with Articles 23 and 24, shall be the responsibility of the competent authorities of the home Member State, without prejudice to those provisions of this Directive which give responsibility to the competent authorities of the host Member State.

2. Paragraph 1 shall not prevent supervision on a consolidated basis pursuant to this Directive.

Official text · the act as published Open full page ↗