This Directive applies to investment firms authorised and supervised under Directive 2014/65/EU.

By way of derogation from paragraph 1, Titles IV and V of this Directive do not apply to investment firms referred to in Article 1(2) and (5) of Regulation (EU) 2019/2033, which shall be supervised for compliance with prudential requirements under Titles VII and VIII of Directive 2013/36/EU in accordance with the second subparagraph of Article 1(2) and third subparagraph of Article 1(5) of Regulation (EU) 2019/2033.

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

1. (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;

2. (2)

   ‘authorisation’ means authorisation of an investment firm in accordance with Article 5 of Directive 2014/65/EU;

3. (3)

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

4. (4)

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

5. (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;

6. (6)

   ‘commodity and emission allowance dealer’ means a commodity and emission allowance dealer as defined in point (150) of Article 4(1) of Regulation (EU) No 575/2013;

7. (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 Council17, 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 Council18, or a similar relationship between any natural or legal person and an undertaking;

8. (8)

   ‘compliance with the group capital test’ means compliance by a parent undertaking in an investment firm group with the requirements of Article 8 of Regulation (EU) 2019/2033;

9. (9)

   ‘credit institution’ means a credit institution as defined in point (1) of Article 4(1) of Regulation (EU) No 575/2013;

10. (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 Council19;

11. (11)

    ‘financial institution’ means a financial institution as defined in point (14) of Article 4(1) of Regulation (EU) 2019/2033;

12. (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 Council20;

13. (13)

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

14. (14)

    ‘consolidated situation’ means a consolidated situation as defined in point (11) of Article 4(1) of Regulation (EU) 2019/2033;

15. (15)

    ‘group supervisor’ means a competent authority responsible for the supervision of compliance with the group capital test of Union parent investment firms and investment firms controlled by Union parent investment holding companies or Union parent mixed financial holding companies;

16. (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. (17)

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

18. (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. (19)

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

20. (20)

    ‘investment firm group’ means an investment firm group as defined in point (25) of Article 4(1) of Regulation (EU) 2019/2033;

21. (21)

    ‘investment holding company’ means an investment holding company as defined in point (23) of Article 4(1) of Regulation (EU) 2019/2033;

22. (22)

    ‘investment services and activities’ means investment services and activities as defined in point (2) of Article 4(1) of Directive 2014/65/EU;

23. (23)

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

24. (24)

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

25. (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 Council21;

26. (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. (27)

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

28. (28)

    ‘parent undertaking’ means a parent undertaking as defined in point (32) of Article 4(1) of Directive 2014/65/EU;

29. (29)

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

30. (30)

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

31. (31)

    ‘Union parent investment firm’ means a Union parent investment firm as defined in point (56) of Article 4(1) of Regulation (EU) 2019/2033;

32. (32)

    ‘Union parent investment holding company’ means a Union parent investment holding company as defined in point (57) of Article 4(1) of Regulation (EU) 2019/2033;

33. (33)

    ‘Union parent mixed financial holding company’ means a Union parent mixed financial holding company as defined in point (58) of Article 4(1) of Regulation (EU) 2019/2033.