Article 27j
Assessment criteria
1.
In assessing the notification of the proposed operation provided for in Article 27i(1) and the information referred to in Article 27i(5), the competent authority shall, in order to ensure the soundness of the prudential profile of the financial stakeholders after the completion of the proposed operation and in particular to address the risks to which the financial stakeholders are or might be exposed in the course of the proposed operation and the risks to which the entity resulting from the proposed operation might be exposed, assess the proposed operation in accordance with the following criteria:
(a)
the reputation of the financial stakeholders involved in the proposed operation;
(b)
the financial soundness of the financial stakeholders involved in the proposed operation, in particular in relation to the type of business pursued and envisaged for the entity resulting from the proposed operation;
(c)
whether the entity resulting from the proposed operation will be able to comply and continue to comply with the prudential requirements laid down in this Directive and Regulation (EU) No 575/2013, and where applicable, other Union legal acts, in particular Directives 2002/87/EC and 2009/110/EC;
(d)
whether the implementation plan of the proposed operation is realistic and sound from a prudential perspectiv;
(e)
whether there are reasonable grounds to suspect that, in connection with the proposed operation, money laundering or terrorist financing within the meaning of Article 1 of Directive (EU) 2015/849 is being or has been committed or attempted, or that the proposed operation could increase the risk thereof.
The implementation plan referred to in the first subparagraph, point (d), shall be subject to appropriate monitoring by the competent authority until completion of the proposed operation.
2.
For the purpose of assessing the criterion set out in paragraph 1, point (e), of this Article, the competent authority shall consult, in the context of its verifications, the authorities responsible for supervising the financial stakeholders in accordance with Directive (EU) 2015/849.
3.
The competent authority may issue a negative opinion regarding the proposed operation only if the criteria set out in paragraph 1 of this Article are not met or where the information provided by the financial stakeholder is incomplete despite a request made in accordance with Article 27i(5).
With regard to the criterion set out in paragraph 1, point (e), of this Article, a negative opinion by the authorities responsible for supervising the financial stakeholders in accordance with Directive (EU) 2015/849, received by the competent authority within 30 working days of the initial request, shall be duly taken into consideration by the competent authority when assessing the proposed operation and may constitute a reasonable ground for a negative opinion, as referred to in the first subparagraph of this paragraph.
4.
Member States shall not allow competent authorities to examine the proposed operation in terms of the economic needs of the market.
5.
Member States shall publish a list of the information required to carry out the assessment provided for in paragraph 1 of this Article. The financial stakeholders shall provide that information to the competent authorities at the time of the notification referred to in Article 27i(1). The information required shall be proportionate and appropriate to the nature of the proposed operation. Member States shall not require information that is not relevant for a prudential assessment under this Article.