Source: AMLA final report draft
- Anti-money laundering
AMLR supplemental acts
- RTS on criteria for business relationships and occasional transactions
Article 3 Criteria for identifying linked transactions
This is a draft act
This text has been parsed from the AMLA final report draft as published on 30 September 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.
Earlier drafts: AMLA consultation paper draft (9 February 2026)
Obliged entities shall, for the purpose of identifying linked transactions, carry out an overall assessment of all relevant facts and circumstances, taking into account at least the following criteria:
when considering the elements of identical or similar origin and destination included in the definition of linked transactions, transactions performed or received by the same natural or legal person;
when considering the elements of identical or similar origin and destination included in the definition of linked transactions, based on information available to the obliged entity:
customers who are family members;
customers who are business partners;
customers who are operating in concert;
customers are subsidiaries or beneficial owners of the same parent undertaking;
use of the same digital infrastructure;
use of common intermediaries or service providers facilitating transactions;
when considering the element of identical or similar purpose included in the definition of linked transactions, based on information available to the obliged entity, transactions pertaining to the same purchase;
when considering the element of other relevant characteristics included in the definition of linked transactions:
based on information available to the obliged entity, transactions that share common characteristics;
transactions with an identical or similar origin and destination, according to the definition of linked transactions, performed at different establishments, including through a network of agents or under the freedom to provide services through agents or distributors, or through other types of infrastructure or remotely;
transactions with an identical or similar origin according to the definition of linked transactions, performed within a loyalty programme offered by the obliged entity;
completion of a transaction that depends on the prior completion of one or more transactions, all of which are handled by the same obliged entity;
when considering the element of a specific period included in the definition of linked transactions, transactions performed within a short time frame, taking into account the nature of the business, including the speed and frequency with which transactions are typically carried out, and the size of the obliged entity.
By way of derogation from paragraph 1, point (e), obliged entities carrying out the activities of currency exchange offices (bureaux de change), 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 crypto-asset services as set out in Article 3(1), points (16)(c), (d) and (j), of Regulation (EU) 2023/1114 shall for the purpose of identifying linked transactions, at least take into account the criterion of a period of one month when considering the element of a specific period included in the definition of linked transactions in Article 2(1), point (20), of Regulation (EU) 2024/1624.
In addition to the criteria set out in paragraph 1, point (c), providers of gambling services shall, for the purpose of identifying linked transactions, take into account the criterion of games provided by the same provider when considering the element of identical or similar purpose included in the definition of linked transactions.
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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
parent undertaking
- for groups whose head office is located in the Union, an obliged entity that is a parent undertaking as defined in Article 2, point (9), of Directive 2013/34/EU that is not itself a subsidiary of another undertaking in the Union, provided that at least one subsidiary undertaking is an obliged entity;
- for groups whose head office is located outside of the Union, where at least two subsidiary undertakings are obliged entities established in the Union, an undertaking within that group established in the Union that:
- is an obliged entity;
- is an undertaking that is not a subsidiary of another undertaking that is an obliged entity established in the Union;
- has a sufficient prominence within the group and a sufficient understanding of the operations of the group that are subject to the requirements of this Regulation; and
- is given the responsibility of implementing group-wide requirements under Chapter II, Section 2 of this Regulation;
Definition
linked transactions
Definition
family member
- a spouse, or a person in a registered partnership or civil union or in a similar arrangement;
- a child and a spouse of, or a person in a registered partnership or civil union or in a similar arrangement with, that child;
- a parent;
- for the functions referred to in point (34)(a)(i) and equivalent functions at Union level or in a third country, a sibling;
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
express trust
Definition
legal arrangement
Definition
gambling service
Definition
group
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
beneficial owner