Article 17 Determination of sufficient prominence


This is a draft act

This text has been parsed from the AMLA consultation paper draft as published on 16 April 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 17 of the RTS on group-wide minimum requirements and additional measures for third-country subsidiaries and branches say?

This article provides a clear decision-making hierarchy for identifying which EU-based obliged entity holds "sufficient prominence" within a third-country-headed group — a concept that feeds directly into the definition of "parent undertaking in the Union" under Regulation (EU) 2024/1624.

It is a technical, tiebreaker-style article that sets out a ranked sequence of criteria to follow when a group's head office sits outside the EU and no single obliged entity in the Union is already an obvious parent.

It connects closely to Article 18, which deals with the separate but related concept of "sufficient understanding of operations."

Important points:

  • This article applies to groups with a head office in a third country where at least two obliged entities are established in the Union and are not subsidiaries of a Union-based obliged entity.
  • The first criterion for sufficient prominence is holding-company status at the highest level of consolidation in the Union; if that does not apply, prominence falls to the entity with the higher average customer count or transaction volume over the previous three years.
  • If neither criterion is conclusive, the entity with the highest total annual turnover — as approved by its management body — is designated as having sufficient prominence.

Springlex's summary of the article, a reading aid, not a substitute for the legal text.

    1. Pursuant to Article 2(1) number (42)(b)(iii) of Regulation (EU) 2024/1624 where there are at least two obliged entities in the Union that are part of the same group with a head office in a third country and they are not subsidiaries of an undertaking that is an obliged entity established in the Union, the following entity shall be considered as being the one with sufficient prominence within the group:

      1. the obliged entity that is the financial mixed activity holding company as defined in Article 2(1)(10) of Regulation (EU) 2024/1624, the non-financial mixed activity holding company as defined in Article 2(1)(13) of Regulation (EU) 2024/1624 or the 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 as defined in Regulation (EU) No 575/2013 or the 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 at the highest level of consolidation in accordance with Union law for accounting purposes, if the head office in a third country has established such undertaking in the Union.

      2. in case letter (a) does not apply, the obliged entity with the higher of the following two amounts:

        1. average number of customers on 31 December of the previous three years immediately preceding the current calendar year;

        2. average amount in euro or the equivalent in national currency at the official exchange rate with the euro available on 31 December of the reference calendar year of incoming and outgoing transactions carried out in the previous three years immediately preceding the current calendar year, where applicable.

    1. Where paragraph 1 does not conclusively determine sufficient prominence of one obliged entity over the other(s), sufficient prominence shall be the obliged entity with the highest total annual turnover according to the latest available accounts approved by the management body.

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