Article 4
Management on a unified basis
1. For the purposes of Article 2(2), point (b), a competent authority shall determine that two or more relevant entities are managed on a unified basis where all of the following conditions are met:
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(a) |
the financial and operating policies of the relevant entities concerned are effectively coordinated; |
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(b) |
the relevant entities are not related as referred to in Article 22(1), Article 22(2), point (a), and Article 22(7), point (b), of Directive 2013/34/EU. |
2. For the purposes of paragraph 1, point (a), competent authorities may, in particular, take into account the following elements:
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(a) |
whether the relevant entities concerned are controlled, directly or indirectly, by the same natural person or persons, or by the same undertaking or undertakings; |
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(b) |
whether the majority of the members of the administrative, management or supervisory body of, on the one hand, those relevant entities and, on the other hand, of the Union parent undertaking, or of another parent undertaking, is appointed by the same natural person or persons or by the same undertaking or undertakings, even where those members are not the same persons. |