The European Banking Authority has launched a public consultation on draft Regulatory Technical Standards and Implementing Technical Standards on how prudentially material transactions involving credit institutions and (mixed) financial holding companies should be notified and assessed under the Capital Requirements Directive. The proposals cover material acquisitions, material transfers of assets or liabilities, and mergers and divisions, aiming to clarify supervisory expectations and promote consistent prudential assessment across the EU. Comments are due by 5 March 2026. The draft RTS set out the minimum information required in notifications, the assessment methodology and the processes applicable to material transactions, while the draft ITS establish procedures for cooperation among the authorities supervising entities involved in material acquisitions, mergers or divisions. Proportionality is built in by avoiding requests for information already held by the competent authority, leveraging documentation prepared under the Company Law Directive for mergers and divisions, coordinating with related procedures such as authorisation where a merger requires a new licence, and providing flexibility for divisions given their infrequency. In the absence of a CRD materiality threshold for mergers and divisions, the RTS also introduce criteria to tailor notification content and assessment, particularly for mergers involving small and non-complex institutions and intra-group entities. The EBA will hold a virtual public hearing on 4 February 2026 (10:00–12:00 CET), with registration by 30 January 2026 (16:00 CET); comments received will be published after the consultation unless confidentiality is requested.
European Banking Authority 2025-12-05
European Banking Authority consults on technical standards for notifications and supervisory assessment of material acquisitions transfers mergers and divisions under the Capital Requirements Directive
The European Banking Authority has launched a public consultation on draft Regulatory and Implementing Technical Standards for prudentially material transactions under the Capital Requirements Directive. The proposals clarify supervisory expectations for acquisitions, asset transfers, and mergers, promoting consistent prudential assessment across the EU. The draft standards outline notification requirements, assessment methodologies, and cooperation procedures among supervisory authorities.