In accordance with Article 113(7)(a) in conjunction with Article 113(6)(a) and (d) of Regulation (EU) No 575/2013, when assessing the prudential status and legal domicile of the counterparty the NCAs shall take into account whether:
((a))
the counterparty is an institution, financial institution or ancillary services undertaking subject to appropriate prudential requirements;
((b))
the counterparty requesting the permission is established in the same Member State.