Source: OJ L, 2024/1640, 19.6.2024Current language: EN
- Anti-money laundering
Basic legislative acts
- Sixth anti-money laundering (AML 6) directive
Article 45 Provision of information on cross-border activities
Summary What does Article 45 of the Sixth anti-money laundering (AML 6) directive say?
This article establishes the information-sharing obligations that run between the supervisory authority of the home Member State (where an obliged entity is headquartered) and the supervisory authority of the host Member State (where that entity operates an establishment or provides services).
It is a companion to the broader cross-border supervisory cooperation framework, effectively ensuring that host supervisors are kept informed both when an obliged entity first notifies its intention to operate in their territory and on an ongoing basis thereafter.
The article sets out specific timeframes for initial notifications and subsequent updates, and requires that operationally relevant supervisory information is shared at least annually.
Important points:
- Home Member State supervisors are required to notify host Member State supervisors of an obliged entity's intended activities within 3 months of receiving that notification, and within 1 month for any subsequent changes.
- Home Member State supervisors must share information on activities actually carried out by the obliged entity in the host Member State, including responses to supervisory questionnaires, at least on an annual basis.
- Where an obliged entity notifies that its activities in the host Member State have commenced, home Member State supervisors must inform host supervisors immediately, not simply at the next annual exchange.
Springlex's summary of the article, a reading aid, not a substitute for the legal text.
Member States shall ensure that the supervisors of the home Member State inform the supervisors of the host Member State as soon as possible, and in any case within 3 months of receiving a notification pursuant to Article 8(1) of Regulation (EU) 2024/1624 of the activities that the obliged entity intends to carry out in the host Member State.
Any subsequent change notified to the supervisors of the home Member State pursuant to Article 8(2) of Regulation (EU) 2024/1624 shall be notified to the supervisors of the host Member State as soon as possible and in any case within 1 month of receiving it.
Member States shall ensure that the supervisors of the home Member State share with the supervisors of the host Member State information on the activities effectively carried out by the obliged entity in the territory of the host Member State that they receive in the context of their supervisory activities, including information submitted by the obliged entities in response to supervisory questionnaires, and any relevant information connected to the activities carried out in the host Member State.
The information referred to in the first subparagraph shall be exchanged at least annually. Where that information is provided in an aggregated form, Member States shall ensure that the supervisors of the home Member State respond promptly to any request for additional information by the supervisors of the host Member State.
By way of derogation from the second subparagraph of this paragraph, Member States shall ensure that supervisors of the home Member State inform the supervisors of the host Member State immediately upon receiving notification by obliged entities pursuant to Article 8(1) of Regulation (EU) 2024/1624 that activities in the host Member State have commenced.
Springlex and this text is meant purely as a documentation tool and has no legal effect. No liability is assumed for its content. The authentic version of this act is the one published in the Official Journal of the European Union.
Definition
crypto-asset services
Definition
supervisor
Definition
host Member State
Definition
financial mixed activity holding company
Definition
crypto-asset service provider
Definition
credit institution
- a credit institution as defined in Article 4(1), point (1), of Regulation (EU) No 575/2013;
- a branch of a credit institution, as defined in Article 4(1), point (17), of Regulation (EU) No 575/2013, when located in the Union, whether its head office is located in a Member State or in a third country;
Definition
home Member State
Definition
crypto-asset
Definition
establishment
- a branch or subsidiary;
- in the case of credit institutions and financial institutions, an infrastructure qualifying as an establishment under prudential regulation;
Definition
property
Definition
financial institution
- an undertaking other than a credit institution or an investment firm, which carries out one or more of the activities listed in points (2) to (12), (14) and (15) of Annex I to Directive 2013/36/EU of the European Parliament and of the Council(32), including the activities of currency exchange offices (bureaux de change), but excluding the activities referred to in point (8) of Annex I to Directive (EU) 2015/2366, or an undertaking the principal activity of which is to acquire holdings, including a financial holding company, a mixed financial holding company and a financial mixed activity holding company;
- an insurance undertaking as defined in Article 13, point (1), of Directive 2009/138/EC of the European Parliament and of the Council(33), insofar as it carries out life or other investment-related assurance activities covered by that Directive, including insurance holding companies and mixed-activity insurance holding companies as defined, respectively, in Article 212(1), points (f) and (g), of Directive 2009/138/EC;
- an insurance intermediary as defined in Article 2(1), point (3), of Directive (EU) 2016/97 where it acts with respect to life insurance and other investment-related insurance services, with the exception of an insurance intermediary that does not collect premiums or amounts intended for the customer and which acts under the responsibility of one or more insurance undertakings or intermediaries for the products which concern them respectively;
- an investment firm as defined in Article 4(1), point (1), of Directive 2014/65/EU of the European Parliament and of the Council(34);
- a collective investment undertaking, in particular:
- an undertaking for collective investment in transferable securities (UCITS) as defined in Article 1(2) of Directive 2009/65/EC and its management company as defined in Article 2(1), point (b), of that Directive or an investment company authorised in accordance with that Directive and which has not designated a management company, that makes available for purchase units of UCITS in the Union;
- an alternative investment fund as defined in Article 4(1), point (a), of Directive 2011/61/EU and its alternative investment fund manager as defined in Article 4(1), point (b), of that Directive that fall within the scope set out in Article 2 of that Directive;
- a central securities depository as defined in Article 2(1), point (1), of Regulation (EU) No 909/2014 of the European Parliament and of the Council(35);
- a creditor as defined in Article 4, point (2), of Directive 2014/17/EU of the European Parliament and of the Council(36) and in Article 3, point (b), of Directive 2008/48/EC of the European Parliament and of the Council(37);
- a credit intermediary as defined in Article 4, point (5), of Directive 2014/17/EU and in Article 3, point (f), of Directive 2008/48/EC, when holding the funds as defined in Article 4, point (25), of Directive (EU) 2015/2366 in connection with the credit agreement, with the exception of the credit intermediary carrying out activities under the responsibility of one or more creditors or credit intermediaries;
- a crypto-asset service provider;
- a branch of a financial institution referred to in points (a) to (i), when located in the Union, whether its head office is located in a Member State or in a third country;
Definition
third country
Definition
funds
Definition
obliged entity