The European Banking Authority (EBA) is consulting on draft technical standards for material acquisitions, transfers, mergers, and divisions involving credit institutions under the Capital Requirements Directive. Comments are due by 5 March 2026.
The European Banking Authority (EBA) has launched a public consultation on draft Regulatory Technical Standards (RTS) and Implementing Technical Standards (ITS) concerning material acquisitions, transfers of assets or liabilities, and mergers and divisions involving credit institutions or (mixed) financial holding companies under the Capital Requirements Directive (CRD).
The standards aim to support banking consolidation, enhance EU market integration, clarify supervisory expectations, reduce regulatory uncertainty, and ensure consistent prudential assessment across the EU. The consultation runs until 5 March 2026.
The draft RTS specify the required elements for notifications, outline assessment methodologies, and detail processes for material transactions. The draft ITS establish procedures for cooperation among authorities supervising involved entities.
These standards incorporate proportionality by exempting information already held by authorities, leveraging documents prepared under the Company Law Directive, and ensuring coordination with other procedures such as licensing. They also provide flexibility for divisions, which are less frequent operations.
For mergers and divisions, the draft RTS introduce proportionality criteria for notifications and assessments, especially for small or intra-group entities, to facilitate smoother implementation. The standards build on common information requirements and clarify complex aspects, aligning with Level 1 provisions.
Comments can be submitted via the EBA consultation page by clicking the “send your comments” button. The deadline is 5 March 2026.
A virtual public hearing will be held on 4 February 2026, from 10:00 to 12:00 CET. Interested stakeholders can register by 30 January 2026, 16:00 CET. Dial-in details will be provided upon registration.
All comments received will be published after the consultation unless confidentiality is requested.
The draft RTS are developed under Article 27b of Directive 2013/36/EU, as amended by Directive (EU) 2024/1619, which mandates the EBA to specify minimum information for material transactions, assessment methodologies, and notification processes. The standards also consider cooperation among authorities under Articles 27c and 27k of the CRD, with the two mandates merged into a single ITS. The development also references Directive (EU) 2017/1132 (Company Law Directive) regarding mergers and divisions.
