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Article 26 - Prior consultation of the authorities of other Member States

Comparing 17/01/2025 → 30/01/2027: 1 added, 0 removed, 0 changed Close comparison

1.The supervisory authorities of any other Member State concerned shall be consulted prior to the granting of an authorisation to:

(a)a subsidiary of an insurance or reinsurance undertaking authorised in that Member State;

(b)a subsidiary of the parent undertaking of an insurance or reinsurance undertaking authorised in that Member State; or

(c)an undertaking controlled by the same person, whether natural or legal, who controls an insurance or reinsurance undertaking authorised in that Member State.

2.The authorities of a Member State involved which are responsible for the supervision of credit institutions or investment firms shall be consulted prior to the granting of an authorisation to an insurance or reinsurance undertaking which is:

(a)a subsidiary of a credit institution or investment firm authorised in the Community;

(b)a subsidiary of the parent undertaking of a credit institution or investment firm authorised in the Community; or

(c)an undertaking controlled by the same person, whether natural or legal, who controls a credit institution or investment firm authorised in the Community.

3.The relevant authorities referred to in paragraphs 1 and 2 shall in particular consult each other when assessing the suitability of the shareholders and the fit and proper requirements of all persons who effectively run the undertaking or have other key functions involved in the management of another entity of the same group.

They shall inform each other of any information regarding the suitability of shareholders and the fit and proper requirements of all persons who effectively run the undertaking or have other key functions which is of relevance to the other competent authorities concerned for the granting of an authorisation as well as for the ongoing assessment of compliance with operating conditions.

4.Where several supervisory authorities need to be consulted pursuant to paragraph 1, any supervisory authority concerned may request, within one month of the date of receipt, the supervisory authority of the home Member State of the undertaking seeking authorisation to jointly assess the application for authorisation. The supervisory authority of the home Member State of the undertaking seeking authorisation shall take into consideration the conclusions of the joint assessment when making its final decision.

Official text · consolidated version 30/01/2027 (not yet in force) Open full page ↗
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