Article 10 Determination of sufficient prominence within the group


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 (16 April 2026)

    1. Obliged entities belonging to groups whose head office is located outside the Union and that are not a subsidiary of another undertaking that is an obliged entity established in the Union shall determine sufficient prominence as stipulated in Article 2(1), point (42)(b)(iii) of Regulation (EU) 2024/1624 by any of the following factors:

      1. whether an obliged entity has the status of

        1. financial mixed activity holding company as defined in Article 2(1), point (10) of Regulation (EU) 2024/1624;

        2. non-financial mixed activity holding company as defined in Article 2(1), point (13) of Regulation (EU) 2024/1624;

        3. an undertaking the principal activity of which is to acquire holdings, including a financial holding company, a mixed financial holding company, a financial mixed activity holding company as provided in the definition in Article 2(1), point (6)(a) of Regulation (EU) 2024/1624;

        4. an insurance holding company or a mixed-activity insurance holding company as defined in Article 212(1), points (f) and (g) respectively, 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 for most of the group´s obliged entities in the Union.

      2. the number of cross-border establishments, including agents or distributors, or under the freedom to provide services in another Member State through agents or distributors, or through other types of infrastructures located in other Member States;

      3. the average number of customers on 31 December of the two calendar years immediately preceding the current calendar year, in particular those classified as high risk;

      4. the average mount 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 two calendar years immediately preceding the current calendar year, where applicable.

    1. Where paragraph 1 does not conclusively determine sufficient prominence, obliged entities mentioned in paragraph 1 shall determine sufficient prominence based on the following additional factors:

      1. the total annual turnover according to the latest available accounts approved by the management body;

      2. the balance sheet size calculated on the basis of the latest audited consolidated financial statements or, where consolidated financial statements are not required to be prepared in accordance with the applicable accounting framework, the latest audited individual financial statement of the obliged entity;

      3. the average number of employees during the financial year.

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