Search Legislation

Directive (EU) 2019/2034 of the European Parliament and of the CouncilShow full title

Directive (EU) 2019/2034 of the European Parliament and of the Council of 27 November 2019 on the prudential supervision of investment firms and amending Directives 2002/87/EC, 2009/65/EC, 2011/61/EU, 2013/36/EU, 2014/59/EU and 2014/65/EU (Text with EEA relevance)

 Help about what version

What Version

 Help about opening options

Opening Options

 Help about UK-EU Regulation

Legislation originating from the EU

When the UK left the EU, legislation.gov.uk published EU legislation that had been published by the EU up to IP completion day (31 December 2020 11.00 p.m.). On legislation.gov.uk, these items of legislation are kept up-to-date with any amendments made by the UK since then.

Close

This item of legislation originated from the EU

Legislation.gov.uk publishes the UK version. EUR-Lex publishes the EU version. The EU Exit Web Archive holds a snapshot of EUR-Lex’s version from IP completion day (31 December 2020 11.00 p.m.).

Status:

EU Directives are published on this site to aid cross referencing from UK legislation. Since IP completion day (31 December 2020 11.00 p.m.) no amendments have been applied to this version.

  1. Introductory Text

  2. TITLE I SUBJECT MATTER, SCOPE AND DEFINITIONS

    1. Article 1.Subject matter

    2. Article 2.Scope

    3. Article 3.Definitions

  3. TITLE II COMPETENT AUTHORITIES

    1. Article 4.Designation and powers of the competent authorities

    2. Article 5.Discretion of competent authorities to subject certain investment firms to the requirements of Regulation (EU) No 575/2013

    3. Article 6.Cooperation within a Member State

    4. Article 7.Cooperation within the European System of Financial Supervision

    5. Article 8.Union dimension of supervision

  4. TITLE III INITIAL CAPITAL

    1. Article 9.Initial capital

    2. Article 10.References to initial capital in Directive 2013/36/EU

    3. Article 11.Composition of initial capital

  5. TITLE IV PRUDENTIAL SUPERVISION

    1. CHAPTER 1 Principles of prudential supervision

      1. Section 1 Competences and duties of home and host Member States

        1. Article 12.Competence of the competent authorities of the home and host Member State

        2. Article 13.Cooperation between competent authorities of different Member States

        3. Article 14.On‐the‐spot checking and inspection of branches established in another Member State

      2. Section 2 Professional secrecy and duty to report

        1. Article 15.Professional secrecy and exchange of confidential information

        2. Article 16.Cooperation arrangements with third countries for the exchange of information

        3. Article 17.Duties of persons responsible for the control of annual and consolidated accounts

      3. Section 3 Sanctions, investigatory powers and right of appeal

        1. Article 18.Administrative sanctions and other administrative measures

        2. Article 19.Investigatory powers

        3. Article 20.Publication of administrative sanctions and other administrative measures

        4. Article 21.Reporting sanctions to EBA

        5. Article 22.Reporting of breaches

        6. Article 23.Right of appeal

    2. CHAPTER 2 Review process

      1. Section 1 Internal capital adequacy assessment process and internal risk ‐ assessment process

        1. Article 24.Internal capital and liquid assets

      2. Section 2 Internal governance, transparency, treatment of risks and remuneration

        1. Article 25.Scope of application of this Section

        2. Article 26.Internal governance

        3. Article 27.Country‐by‐country reporting

        4. Article 28.Role of the management body in risk management

        5. Article 29.Treatment of risks

        6. Article 30.Remuneration policies

        7. Article 31.Investment firms that benefit from extraordinary public financial support

        8. Article 32.Variable remuneration

        9. Article 33.Remuneration committee

        10. Article 34.Oversight of remuneration policies

        11. Article 35.EBA report on environmental, social, and governance risks

      3. Section 3 Supervisory review and evaluation process

        1. Article 36.Supervisory review and evaluation

        2. Article 37.Ongoing review of the permission to use internal models

      4. Section 4 Supervisory measures and powers

        1. Article 38.Supervisory measures

        2. Article 39.Supervisory powers

        3. Article 40.Additional own funds requirement

        4. Article 41.Guidance on additional own funds

        5. Article 42.Specific liquidity requirements

        6. Article 43.Cooperation with resolution authorities

        7. Article 44.Publication requirements

        8. Article 45.Obligation to inform EBA

    3. CHAPTER 3 Supervision of investment firm groups

      1. Section 1 Supervision of investment firm groups on a consolidated basis and supervision of compliance with the group capital test

        1. Article 46.Determination of the group supervisor

        2. Article 47.Information requirements in emergency situations

        3. Article 48.Colleges of supervisors

        4. Article 49.Cooperation requirements

        5. Article 50.Verification of information concerning entities located in other Member States

      2. Section 2 Investment holding companies, mixed financial holding companies and mixed ‐ activity holding companies

        1. Article 51.Inclusion of holding companies in supervision of compliance with the group capital test

        2. Article 52.Qualifications of directors

        3. Article 53.Mixed‐activity holding companies

        4. Article 54.Sanctions

        5. Article 55.Assessment of third‐country supervision and other supervisory techniques

        6. Article 56.Cooperation with third‐country supervisory authorities

  6. TITLE V PUBLICATION BY COMPETENT AUTHORITIES

    1. Article 57.Publication requirements

  7. TITLE VI DELEGATED ACTS

    1. Article 58.Exercise of the delegation

  8. TITLE VII AMENDMENTS TO OTHER DIRECTIVES

    1. Article 59.Amendment to Directive 2002/87/EC

    2. Article 60.Amendment to Directive 2009/65/EC

    3. Article 61.Amendment to Directive 2011/61/EU

    4. Article 62.Amendments to Directive 2013/36/EU

    5. Article 63.Amendments to Directive 2014/59/EU

    6. Article 64.Amendments to Directive 2014/65/EU

  9. TITLE VIII FINAL PROVISIONS

    1. Article 65.References to Directive 2013/36/EU in other Union legal acts

    2. Article 66.Review

    3. Article 67.Transposition

    4. Article 68.Entry into force

    5. Article 69.Addressees

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As adopted by EU): The original version of the legislation as it stood when it was first adopted in the EU. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as adopted version that was used for the EU Official Journal
  • lists of changes made by and/or affecting this legislation item
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different versions taken from EUR-Lex before exit day and during the implementation period as well as any subsequent versions created after the implementation period as a result of changes made by UK legislation.

The dates for the EU versions are taken from the document dates on EUR-Lex and may not always coincide with when the changes came into force for the document.

For any versions created after the implementation period as a result of changes made by UK legislation the date will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. For further information see our guide to revised legislation on Understanding Legislation.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as adopted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources