Source: AMLA final report draft
- Anti-money laundering
AMLR supplemental acts
- RTS on group-wide minimum requirements and additional measures for third-country subsidiaries and branches
Article 13 Article Supervisory notification and assessment
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)
The obliged entity identified as the parent undertaking in accordance with Article 12 shall notify its role as parent undertaking in the Union to the supervisor and all the other obliged entities in the Union of the group whose head office is located outside of the Union without undue delay and in any case no later than 28 calendar days after the day when two or more obliged entities belonging to the same head office located outside of the Union are established in the Union and they are not in a parent/subsidiary relationship. Obliged entities in the situation set out in Article 2(1), point (42)(b) of Regulation (EU) 2024/1624 at [the day of application of this Regulation] shall notify the supervisor on that date.
The notification shall be accompanied by the information specified in paragraph 2 in order to justify why the obliged entity meets the requirements to be the parent undertaking in the Union.
The notification specified in paragraph 1 shall include all the following information:
a summary overview and explanations of the organisation, roles and responsibilities of the identified obliged entity as the parent undertaking in the Union and those of all the other obliged entities of the group in the Union;
a detailed chart of the group, information on the shareholdings in the form of capital or voting rights in the obliged entities of the group and an overview of the activities performed by the obliged entities within the group together with the related geographical outreach;
detailed reasons for the determination of sufficient prominence in the Union;
detailed reasons for the determination of sufficient understanding of operations in the Union;
detailed reasons of the fulfilment of the responsibility to implement group-wide requirements;
any other information considered necessary for evaluating the adequacy of the identification of the obliged entity as the parent undertaking in the Union.
Upon receipt of the notification, the supervisor of the identified obliged entity in the Union shall confirm receipt of the notification to the identified obliged entity and inform all the supervisors of the other obliged entities of the group in the Union and the Authority of such notification. If the supervisor is a self-regulatory body, the self-regulatory body shall also inform the public authority overseeing it.
The supervisor shall approve the identification of the parent undertaking in the Union within 60 calendar days from receipt of the complete notification.
The supervisors of the obliged entities of the group in the Union shall, without undue delay and in any case within 28 calendar days from receipt of the complete notification from the supervisor, provide each other with any information that is essential or relevant for the assessment.
The assessment of the identification of the parent undertaking shall be based on whether the identified obliged entity fulfils the criteria set out in Article 2(1), point (42)(b) of Regulation (EU) 2024/1624.
The supervisor may determine that the identified obliged entity in the Union should be a different one and shall provide reasons for this assessment. It shall then transmit the notification mentioned in paragraphs 1 and 2 immediately, and in any case within 28 calendar days from the date of receipt of the complete notification, to the appropriate supervisor. The appropriate supervisor shall apply the procedure provided in the first subparagraph of this paragraph accordingly.
In case of disagreements between two or more supervisors on the identification of the parent undertaking in the Union, supervisors may refer the matter to the Authority and request its assistance in accordance with Article 33 of Regulation (EU) 2024/1620 for the financial sector or in accordance with Article 38 of Regulation (EU) 2024/1620 for the non-financial sector.
Subparagraph 5 shall not apply in cases where the identified obliged entity is a selected obliged entity under the direct supervision of the Authority.
The supervisor shall notify the decision mentioned in paragraph 3 to the identified obliged entity in the Union without undue delay. It shall also inform all the other supervisors of the other obliged entities of the group in the Union and the Authority of the decision and, if the supervisor is a self-regulatory body, the self-regulatory body shall also inform the public authority overseeing it.
The identified obliged entity in the Union shall immediately inform all the other obliged entities of the group in the Union of the decision mentioned in paragraph 3.
In the event of any material change to the identified parent undertaking approved pursuant to this Article, the parent undertaking shall notify this change to the supervisor that received the initial notification at least 28 calendar days before implementing the change. If this is not possible due to objective and extraordinary circumstances, the notification of such change shall be made as soon as possible and, in any case, no later than 28 calendar days after the change in designation. The supervisor shall inform all the supervisors of the obliged entities within the group established in the Union and the Authority of such notification and shall review the notification in accordance with this Article. If the supervisor is a self-regulatory body, the self-regulatory body shall also inform the public authority overseeing it.
A material change shall be a significant event that could impact the designation of the parent undertaking such as a change of business, services or activities; acquisition, merger, division, dissolution, removal, disaffiliation or deconsolidation; review of sufficient prominence of the activities or sufficient understanding of operations or any other consideration relevant to the identification of the parent undertaking.
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
supervisor
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
self-regulatory body