Article 12
Potential obstacles to effective supervision
When assessing whether there are potential obstacles to effective supervision as referred to in Article 14(3) of Directive 2013/36/EU, competent authorities shall consider all relevant information, and shall take into account:
the interactions of the laws, regulations or administrative provisions of a third country governing the natural or legal persons to which the credit institution has or, if the authorisation is obtained, will have close links, any difficulties involved in the enforcement of those laws, regulations or administrative provisions and any difficulties in obtaining information from the authorities in such third countries or from such persons;
the possibility of exchanging information with the authority, if any, supervising the persons having close links with the credit institution;
the complexity and transparency of the structure of the group of the credit institution or of the person or persons having close links;
the location of the members of the group of the credit institution or of the person or persons having close links;
the activities performed or to be performed by the members of the group of the credit institution or of the person or persons having close links.