Updated 07/09/2024
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Version from: 09/01/2024
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Article 3 - Definitions

Article 3

Definitions

1.  

For the purposes of this Directive, the following definitions apply:

(1) 

ancillary services undertaking’ means an undertaking, the principal activity of which consists of owning or managing property, managing data‐processing services, or a similar activity which is ancillary to the principal activity of one or more investment firms;

(3) 

branch’ means a branch as defined in point (30) of Article 4(1) of Directive 2014/65/EU;

(4) 

close links’ means close links as defined in point (35) of Article 4(1) of Directive 2014/65/EU;

(5) 

competent authority’ means a public authority or body of a Member State that is officially recognised and empowered by national law to supervise investment firms in accordance with this Directive, as part of the supervisory system in operation in that Member State;

(7) 

control’ means the relationship between a parent undertaking and a subsidiary, as described in Article 22 of Directive 2013/34/EU of the European Parliament and of the Council ( 1 ), or in the accounting standards to which an investment firm is subject under Regulation (EC) No 1606/2002 of the European Parliament and of the Council ( 2 ), or a similar relationship between any natural or legal person and an undertaking;

(10) 

derivatives’ means derivatives as defined in point (29) of Article 2(1) of Regulation (EU) No 600/2014 of the European Parliament and of the Council ( 3 );

(12) 

gender neutral remuneration policy’ means gender neutral remuneration policy as defined in point (65) of Article 3(1) of Directive 2013/36/EU, as amended by Directive (EU) 2019/878 of the European Parliament and of the Council ( 4 );

(13) 

group’ means a group as defined in point (11) of Article 2 of Directive 2013/34/EU;

(16) 

home Member State’ means a home Member State as defined in point (55)(a) of Article 4(1) of Directive 2014/65/EU;

(17) 

host Member State’ means a host Member State as defined in point (56) of Article 4(1) of Directive 2014/65/EU;

(18) 

initial capital’ means the capital which is required for the purposes of authorisation as an investment firm, the amount and type of which are specified in Articles 9 and 11;

(19) 

investment firm’ means an investment firm as defined in point (1) Article 4(1) of Directive 2014/65/EU;

(23) 

management body’ means a management body as defined in point (36) of Article 4(1) of Directive 2014/65/EU;

(24) 

management body in its supervisory function’ means the management body acting in its role of overseeing and monitoring management decision‐making;

(25) 

mixed financial holding company’ means a mixed financial holding company as defined in point (15) of Article 2 of Directive 2002/87/EC of the European Parliament and of the Council ( 5 );

(26) 

mixed‐activity holding company’ means a parent undertaking other than a financial holding company, an investment holding company, a credit institution, an investment firm, or a mixed financial holding company within the meaning of Directive 2002/87/EC, the subsidiaries of which include at least one investment firm;

(27) 

senior management’ means senior management as defined in point (37) of Article 4(1) Directive 2014/65/EU;

(28) 
(29) 

subsidiary’ means a subsidiary as defined in point (33) of Article 4(1) of Directive 2014/65/EU;

(30) 

systemic risk’ means systemic risk as defined in point (10) of Article 3(1) of Directive 2013/36/EU;

2.  

The Commission is empowered to adopt delegated acts in accordance with Article 58 to supplement this Directive by clarifying the definitions set out in paragraph 1 in order to:

(a) 

ensure the uniform application of this Directive;

(b) 

take account, in the application of this Directive, of developments on financial markets.


( 1 ) Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19).

( 2 ) Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards (OJ L 243, 11.9.2002, p. 1).

( 3 ) Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Regulation (EU) No 648/2012 (OJ L 173, 12.6.2014, p. 84).

( 4 ) Directive (EU) 2019/878 of the European Parliament and of the Council of 20 May 2019 amending Directive 2013/36/EU as regards exempted entities, financial holding companies, mixed financial holding companies, remuneration, supervisory measures and powers and capital conservation measures (OJ L 150, 7.6.2019 p. 253).

( 5 ) Directive 2002/87/EC of the European Parliament and of the Council of 16 December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate and amending Council Directives 73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22/EEC, and Directives 98/78/EC and 2000/12/EC of the European Parliament and of the Council (OJ L 35, 11.2.2003, p. 1).