ANNEX I
Forms and templates for the CSD application for authorisation
(Article 17(10) of Regulation (EU) No 909/2014)
Table 1
General information
Type of information | Format |
Date of application | ISO 8601 date in the format YYYY-MM-DD |
Corporate name of the applicant CSD | Free text |
Identification of the applicant CSD | ISO 17442 Legal Entity Identifier (LEI) 20 alphanumerical character code |
Registered address of the applicant CSD | Free text |
Securities settlement system(s) the applicant CSD operates or intends to operate | Free text |
Contact details of the person responsible for the application (name, function, phone number, email address) | Free text |
Contact details of the person(s) in charge of the applicant CSD's internal control and compliance function (name, function, phone number, email address) | Free text |
List of all documents provided by the applicant CSD with unique reference numbers | Free text |
Table 2
Document References
The scope of information to be submitted in accordance with the specific requirement of the delegated act with regard to regulatory technical standards specifying the details of the application for authorisation of CSDs adopted pursuant to Article 17(9) of Regulation (EU) No 909/2014 | Unique reference number of the document | Title of the document | Chapter or section or page of the document where the information is provided or reason why the information is not provided |
A. General information on the applicant CSD (Articles 4-7 of Delegated Regulation (EU) 2017/392) | |||
Identification and legal status of the CSD (Article 4 of Delegated Regulation (EU) 2017/392) | |||
An application for authorisation submitted according to Article 17 of Regulation (EU) No 909/2014 shall clearly identify the entity applying the activities and services that it intends to carry out | |||
The corporate name of the applicant CSD, its LEI and legal address in the Union | |||
The memorandum and articles of association and other constitutional and statutory documentation | |||
An excerpt from the relevant commercial or court register, or other forms of certified evidence of the legal address and business activity of the applicant CSD that shall be valid at the date of the application | |||
The identification of the securities settlement systems that the applicant CSD operates or intends to operate | |||
A copy of the decision of the management body regarding the application and the minutes of the meeting in which the management body approved the application file and its submission | |||
The contact details of the person responsible for the application | |||
A chart showing the ownership links between the parent undertaking, subsidiaries and any other associated entities or branches; the entities shown in the chart shall be identified by their full company name, legal status, legal address, and tax numbers or company registration numbers | |||
A description of business activities of the applicant CSD's subsidiaries and other legal persons in which the applicant CSD holds a participation, including information on the level of participation | |||
A list containing: the name of each person or entity who, directly or indirectly, holds 5 % or more of the applicant CSD's capital or voting rights; the name of each person or entity that could exercise a significant influence over the applicant CSD's management due to its holding in the applicant CSD's capital | |||
A list containing: the name of each entity in which the applicant CSD holds 5 % or more of the entity's capital and voting rights; the name of each entity over whose management the applicant CSD exercises a significant influence, given the applicant CSD's holding of the entity's capital | |||
A list of core services listed in Section A of the Annex to Regulation (EU) No 909/2014 that the applicant CSD is providing or intends to provide | |||
A list of ancillary services explicitly listed in Section B of the Annex to Regulation (EU) No 909/2014 that the applicant CSD is providing or intends to provide | |||
A list of any other ancillary services permitted under, but not explicitly listed in Section B of the Annex to Regulation (EU) No 909/2014, that the applicant CSD is providing or intends to provide | |||
A list of investment services and activities subject to Directive 2014/65/EU of the European Parliament and of the Council (1) which are not explicitly listed in Section B of the Annex to Regulation (EU) No 909/2014 that the applicant CSD is providing or intends to provide | |||
A list of services the applicant CSD outsources or intends to outsource to a third party in accordance with Article 30 of Regulation (EU) No 909/2014 | |||
The currency or currencies that the applicant CSD processes, or intends to process in connection with services the applicant CSD provides, irrespective of whether cash is settled on a central bank account, a CSD account, or an account at a designated credit institution; | |||
Information on any pending and final judicial or civil, administrative and arbitration or any other legal proceedings to which the applicant CSD is a party, and which may cause it financial or other costs. | |||
Where the applicant CSD intends to provide core services or to set up a branch in accordance with Article 23(2) of Regulation (EU) No 909/2014, information shall be provided as follows: | |||
The Member State(s) in which the applicant CSD intends to operate | |||
A programme of operations stating in particular the services which the applicant CSD provides or intends to provide in the host Member State | |||
The currency or currencies that the applicant CSD processes or intends to process in that host Member State(s) | |||
Where the services will be provided through a branch, the organisational structure of the branch and the names of the persons responsible for its management | |||
Where relevant, an assessment of the measures that the applicant CSD intends to take to allow its users to comply with the national laws referred to in Article 49(1) of Regulation (EU) No 909/2014 | |||
Where relevant, a description of the services or activities the applicant CSD outsources to a third party in accordance with Article 30 of Regulation (EU) No 909/2014 | |||
Policies and procedures for regulatory compliance (Article 5 of Delegated Regulation (EU) 2017/392) | |||
The job titles of the persons responsible for the approval and maintenance of the policies and procedures | |||
A description of the measures implementing and monitoring the compliance with, the policies and procedures | |||
A description of the procedures put in place by the applicant CSD in compliance with any mechanism established in accordance with Article 65 of Regulation (EU) No 909/2014 | |||
CSD Services and activities (Article 6 of Delegated Regulation (EU) 2017/392) | |||
Detailed descriptions of the services and activities, and of procedures to be applied in the provision of the services and activities by the applicant CSD: | |||
Core services specified under Section A of the Annex to Regulation (EU) No 909/2014 | |||
Ancillary services explicitly listed in section B of the Annex to Regulation (EU) No 909/2014 | |||
Any other ancillary services permitted under, but not explicitly listed in Section B of the Annex to Regulation (EU) No 909/2014 | |||
Investment services and activities subject to Directive 2014/65/EU referred to in the point above | |||
Information for groups (Article 7 of Delegated Regulation (EU) 2017/392) | |||
Policies and procedures referred to in Article 26(7) of Regulation (EU) No 909/2014 | |||
Information on the composition of the senior management, management body, and shareholders structure of the parent undertaking or other group undertakings | |||
Services, as well as key individuals other than senior management holding functions that the applicant CSD shares with other undertakings in by the group | |||
Where the CSD has a parent undertaking, information shall be provided as follows: | |||
Identification of the legal address of the parent undertaking | |||
An indication of whether the parent undertaking is an entity that is authorised or registered and subject to supervision under Union or third country laws | |||
Where relevant, any relevant registration number and the name of the authority or authorities competent for the supervision of the parent undertaking | |||
Where the applicant CSD has an agreement with an undertaking within the group, which provides services related to services provided by a CSD, a description and a copy of such agreement | |||
B. Financial resources for the provision of services by the applicant CSD (Article 8 of Delegated Regulation (EU) 2017/392) | |||
Financial reports, business plan and recovery plan (Article 8 of Delegated Regulation (EU) 2017/392) | |||
Financial reports including a complete set of financial statements for the preceding three years, and the statutory audit report on the annual and consolidated financial statements within the meaning of Directive 2006/43/EC of the European Parliament and of the Council (2), for the preceding three years | |||
The name and the national registration number of the external auditor | |||
A business plan, including a financial plan and an estimated budget, that foresees various business scenarios for the CSD services, over a reference period of at least three years | |||
Any plan for the establishment of subsidiaries and branches and their location | |||
A description of the business activities that the applicant CSD plans to carry out, including the activities of any subsidiaries or branches of the applicant CSD | |||
Where historical financial information referred to above is not available an application for authorisation shall contain the following information about the applicant CSD: | |||
Evidence that demonstrates sufficient financial resources during six months after the granting of an authorisation | |||
An interim financial report where the financial statements are not yet available for the requested period of time | |||
A statement concerning the financial situation of the applicant CSD, such as a balance sheet, income statement, changes in equity and of cash flows and a summary of accounting policies and other relevant explanatory notes | |||
Where applicable, audited annual financial statements of any parent undertaking for the three financial years preceding the date of the application | |||
A description of an adequate recovery plan including: | |||
A summary that provides an overview of the plan and its implementation | |||
An identification of the critical operations of the applicant CSD, stress scenarios and events triggering recovery, and a substantive description of recovery tools to be used by the applicant CSD | |||
Information about the assessment of any impacts of the recovery plan on various stakeholders that are likely to be affected by its implementation | |||
An assessment by the applicant CSD of the legal enforceability of the recovery plan that takes account of any legal constraints imposed by the Union, national or third country legislation | |||
C. Organisational requirements (Articles 9-17 of Delegated Regulation (EU) 2017/392) | |||
Organisational chart (Article 9 of Delegated Regulation (EU) 2017/392) | |||
Identity and tasks of the persons responsible for the following positions: senior management; managers in charge of the operational roles; managers in charge of the activities of any branches of the applicant CSD; other significant roles in the operations of the applicant CSD. | |||
The number of staff members in each division and operational unit | |||
Staffing policies and procedures (Article 10 of Delegated Regulation (EU) 2017/392) | |||
A description of the remuneration policy, which includes information about the fixed and variable elements of the remuneration of the senior management, the members of the management body and the staff employed in the risk management and compliance and internal control, technology and internal audit functions of the applicant CSD | |||
The measures put in place by the applicant CSD to mitigate the risk of over-reliance on the responsibilities entrusted to any individual person | |||
Risk monitoring tools and governance arrangements (Article 11 of Delegated Regulation (EU) 2017/392) | |||
A description of the components of the governance arrangements of the applicant CSD | |||
The policies, procedures and systems that identify, measure, monitor, manage and report the risks that the applicant CSD may be exposed to and the risks that the applicant CSD poses to any other entities; | |||
A description of the composition, role and responsibilities of the members of the management body and senior management and any committees established in accordance with Delegated Regulation (EU) 2017/392 | |||
A description of the processes concerning the selection, appointment, performance evaluation and removal of senior management and members of the management body | |||
A description of the procedure used by the applicant CSD to make its governance arrangements and the rules governing its activity available to the public | |||
Where the applicant CSD adheres to a recognised corporate governance code of conduct: | |||
The identification of the code of conduct (a copy of the code) | |||
An explanation for any situations where the applicant CSD deviates from the code | |||
Compliance, internal control and internal audit functions (Article 12 of Delegated Regulation (EU) 2017/392) | |||
A description of the procedures for the internal reporting of infringements referred to in Article 26(5) of Regulation (EU) No 909/2014 | |||
Information regarding its internal audit policies and procedures including the following: | |||
A description of the monitoring and evaluation tools for the adequacy and effectiveness of the applicant CSD's internal control systems | |||
A description of the control and safeguard tools for the applicant CSD's information processing systems | |||
An explanation concerning the development and application of its internal audit methodology | |||
A work plan for three years following the date of application | |||
A description of the roles and qualifications of each individual who is responsible for internal audit | |||
An application for authorisation shall contain the following information concerning the compliance and internal control function of the applicant CSD: | |||
A description of the roles and qualifications of the individuals who are responsible for the compliance and internal control function and of any other staff involved in the assessments of compliance, including a description of the means to ensure the independence of the compliance and internal control function from the rest of the business units | |||
The policies and procedures of the compliance and internal control function including a description of the compliance role of the management body and senior management | |||
Where available, the most recent internal report prepared by the persons responsible for the compliance and internal control function or by any other staff involved in the assessments of compliance within the applicant CSD | |||
Senior management, management body and shareholders (Article 13 of Delegated Regulation (EU) 2017/392) | |||
For each member of the senior management and member of the management body, the following information: | |||
A copy of a curriculum vitae which sets out the experience and knowledge of each member | |||
Details regarding any criminal and administrative sanctions imposed on a member in connection with the provision of financial or data services or in relation to acts of fraud or misappropriation of funds in the form of an appropriate official certificate where available in the relevant Member State | |||
A self-declaration of good repute in relation to the provision of a financial or data service, including all the statements indicated in Article 13(1)(c) of Delegated Regulation (EU) 2017/392 | |||
Information regarding the management body of the applicant CSD | |||
An evidence of compliance with Article 27(2) of Regulation (EU) No 909/2014 | |||
A description of the roles and responsibilities of the management body | |||
(1) Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014, p. 349).
(2) Directive 2006/43/EC of the European Parliament and of the Council of 17 may 2006 on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC (OJ L 157, 9.6.2006, p. 87).