Source: AMLA consultation paper draft
- Anti-money laundering
AMLR supplemental acts
- RTS on criteria for business relationships and occasional transactions
Article 2 Criteria for distinguishing a business relationship from an occasional transaction
This is a draft act
This text has been parsed from the AMLA consultation paper draft as published on 9 February 2026. While we run a suite of validations, the automated parsing can result in errors. Also, before it is finally adopted by the Commission, its wording, numbering and references may change, and entire articles might be removed or added.
Summary What does Article 2 of the RTS on criteria for business relationships and occasional transactions say?
This article builds directly on the definition of a "business relationship" established in Article 1, and operationalises it by providing sector-specific criteria that obliged entities must use when determining whether a customer interaction constitutes a business relationship or merely an occasional transaction.
Rather than leaving this distinction entirely to the judgment of each entity, the article sets out minimum criteria tied to the concepts of "duration" and "repetition" from the business relationship definition, and tailors those criteria to different types of obliged entities — including financial institutions, currency exchange offices, money remittance providers, crypto-asset service providers, physical gambling operators, and football clubs.
Important points:
- Apply the use of online services through a registered account as a minimum criterion for establishing the element of duration in a business relationship — this applies to all obliged entities.
- Currency exchange offices, money remittance providers, and certain crypto-asset service providers must treat three or more transactions within a rolling 12-month period as a minimum indicator of a repeating business relationship.
- Football clubs must factor in the existence of conditions attached to a player transfer when assessing whether a transaction forms part of a business relationship rather than a one-off deal.
Springlex's summary of the article, a reading aid, not a substitute for the legal text.
Obliged entities shall, for the purpose of distinguishing a business relationship from an occasional transaction, at least take into account the use of online services through a registration providing ongoing access as a criterion when considering the element of duration included in the definition of a business relationship.
Obliged entities as defined in Article 3(3), points (a) to (d), and (l) of Regulation (EU) 2024/1624 shall, for the purpose of distinguishing a business relationship from an occasional transaction, at least take into account the following criteria when considering the element of repetition included in the definition of a business relationship:
the provision of services at different intervals;
the provision of different services.
Financial institutions carrying out the activities of currency exchange offices as defined in Article 2(6), point (a) or Regulation (EU) 2024/1624, obliged entities engaged in the activity of money remittance as defined in Article 4, point (22) of Directive (EU) 2015/2366 and obliged entities providing the services as set out in Article 3(1), points (16) (c), (d) and (j) of Regulation (EU) 2023/1114, for the purpose of distinguishing a business relationship from an occasional transaction, shall at least take into account carrying out three or more transactions within the rolling period of 12 months as a criterion when considering the element of repetition included in the definition of a business relationship.
Providers of gambling services operating a physical premise shall, for the purpose of distinguishing a business relationship from an occasional transaction, at least take into account the criterion of the engagement in the services of the provider through a membership as a criterion when considering the element of repetition included in the definition of a business relationship.
Football clubs shall, for the purpose of distinguishing a business relationship from an occasional transaction, with respect to transactions for the purpose of a football player’s transfer, at least take into account the existence of conditions applying to the football player’s transfer as a criterion when considering the element of repetition included in the definition of a business relationship.
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
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
crypto-asset
Definition
property
Definition
occasional transaction
Definition
gambling service
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
business relationship