Source: AMLA consultation paper draft
- Anti-money laundering
AMLR supplemental acts
- RTS on group-wide minimum requirements and additional measures for third-country subsidiaries and branches
Article 5 Information sharing within groups whose head office is in the Union and have branches or subsidiaries in third countries
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 5 of the RTS on group-wide minimum requirements and additional measures for third-country subsidiaries and branches say?
This short article extends the group-wide information sharing framework established in Article 4 to cover flows of information originating from branches or subsidiaries located in third countries back to obliged entities in the Union.
It acts as a companion to Article 4, confirming that the information types listed there must be receivable by Union-based entities from their third-country operations, while acknowledging that local law in those third countries may place restrictions or prohibitions on such sharing.
Important points:
- Ensure your Union-based entities and group members can receive AML/CFT-relevant information from branches or subsidiaries established in third countries.
- This right to receive information is subject to any restrictions or prohibitions imposed by the law of the third country concerned.
- Any information sharing from a third-country branch or subsidiary to a Union obliged entity must comply with the requirements of Section 4 of this Regulation.
Springlex's summary of the article, a reading aid, not a substitute for the legal text.
An obliged entity that has established a subsidiary or a branch in a third country and obliged entities of the group located in the Union shall be able to receive the information listed in Article 4 of this Regulation from branches or subsidiaries in third countries subject to any restrictions or prohibitions of sharing of information under the law of that country.
The sharing of information between a subsidiary or a branch in a third country with an obliged entity in the Union shall comply with the requirements set out in Section 4 of this Regulation.
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
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
group
Definition
third country