Updated 18/09/2024
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ANNEX I - CORRESPONDING SITUATIONS

ANNEX I

CORRESPONDING SITUATIONS

Reporting authorities may come across weaknesses in the following situations:

PART 1:   AML/CFT authorities

When carrying out their on-site and off-site supervisory activities, regarding:

(a)

customer due diligence measures, including customer ML/TF risk assessments, reliance on third parties and transaction monitoring;

(b)

suspicious transaction reporting;

(c)

record-keeping;

(d)

internal AML/CFT systems and controls;

(e)

risk management system, including business-wide ML/TF risk assessments;

(f)

group-wide policies and procedures including policies for sharing information within the group.

PART 2:   Prudential authorities

1.

During the authorisation process and the process for the assessment of the acquisition of qualifying holdings, regarding:

(a)

analysis of business strategy and of business model and reflection on other risk areas, including liquidity where applicable;

(b)

fitness and propriety assessment of the members of the management body and key function holders, where performed;

(c)

notification to establish a branch or to provide services under the freedom of establishment or the freedom to provide services;

(d)

shareholders or members holding qualifying holdings or, exclusively at authorisation, and where applicable, identity of 20 largest shareholders or members if there are no qualifying holdings;

(e)

internal governance arrangements including remuneration policies and practices;

(f)

internal control framework, including risk management, compliance and internal audit;

(g)

information communication technology risk and risk management;

(h)

assessment of the sources of funds to pay up capital at authorisation or the source of funds to purchase the qualifying holding.

2.

During ongoing supervision, including on-site inspections and off-site supervisory activities, regarding:

(a)

internal governance arrangements, including remuneration policies and practices;

(b)

internal control framework, including risk management, compliance and internal audit;

(c)

fitness and propriety assessment of the members of the management body and key function holders, where performed;

(d)

the assessment of the notifications of proposed acquisitions of qualifying holdings;

(e)

operational risks including legal and reputational risks;

(f)

information communication technology risk and risk management;

(g)

business models;

(h)

liquidity management;

(i)

outsourcing arrangements and third party risk management;

(j)

carrying out the procedures related to market access, banking licensing and authorisations;

(k)

carrying out the Supervisory Review and Evaluation Process (SREP); the supervisory review process (SRP), or similar supervisory review processes;

(l)

the assessment of ad hoc requests, notifications and applications;

(m)

the assessment of the eligibility of and monitoring institutional protection schemes;

(n)

information received during ongoing work to ensure compliance with Union prudential rules, including the collection of supervisory reporting.

PART 3:   Designated authorities

When preparing for DGS interventions, including stress testing and on-site or off-site inspections, or when executing a DGS intervention, including pay-outs.

PART 4:   Resolution authorities and the Single Resolution Board

In the course of their functions, from resolution planning to execution.

PART 5:   Conduct of business authorities

When carrying out their on-site and off-site supervisory activities, and in particular in situations where they are aware of:

(a)

a denial of access to financial products or services for reasons of anti-money laundering or combating the financing of terrorism;

(b)

a termination of a contract or the end of a service for reasons of anti-money laundering or combating the financing of terrorism;

(c)

an exclusion of categories of customers, in particular in the situations referred to in points (a) and (b) for reasons of anti-money laundering or combating the financing of terrorism.

PART 6:   Payment institutions authorities

In particular:

1.

during the authorisation process and passporting;

2.

when carrying out their on-site and off-site supervisory activities, and in particular:

(a)

with regard to payment institutions and electronic money institutions, including when they provide their activities through agents and distributors;

(b)

with regard to the payment service provider’s obligations under Directive (EU) 2015/2366, including the obligation of the payee’s payment service providers to make funds available to the payee immediately after the amount is credited to the payment service provider’s account.

PART 7:   Any other situations where the weakness is material.