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 16 Supervisory notification and assessment if the head of the structure is an obliged entity
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)
Obliged entities that are part of a structure shall ensure that only one obliged entity is identified as the head of the structure as provided for in this Section. This obliged entity shall have sufficient powers and responsibilities to ensure that the group-wide requirements apply to all obliged entities of the structure, taking into account the criteria set out in Article 14(1) of this Regulation.
If the identified head of the structure in the Union is an obliged entity, this obliged entity shall notify its role as head of the structure in the Union to the supervisor and all the obliged entities in the Union without undue delay and in any case no later than 28 calendar days after the day when the structure is established. Obliged entities in a structure existing on [the day of application of this Regulation] shall notify the supervisor in accordance with Article 19(1).
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 head of the structure in the Union.
The notification by the identified obliged entity shall include all the following information:
a summary overview and explanations of the role, responsibilities and activities of the identified obliged entity as the head of the structure and those of all the other obliged entities of the structure in the Union;
a detailed chart of the structure and an overview of the activities performed by the obliged entities within the structure together with the related geographical outreach;
any other information considered necessary for evaluating the adequacy of the identification of the obliged entity as the head of the structure.
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 in the Union and inform all the supervisors of the other obliged entities of the structure in the Union and the Authority of such notification. If the supervisor is a self-regulatory body, the self-regulatory body inform shall also the public authority overseeing it.
The supervisor shall approve the identification of the head of the structure in the Union within 60 calendar days from receipt of the complete notification.
The supervisors of the obliged entities of the structure 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 head of the structure shall be based on the criteria set out in Article 15 of this Regulation.
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 cases of disagreements between two or more supervisors on the identification of the head of the structure 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 head of the structure in the Union without undue delay. It shall also inform all the other supervisors of the other obliged entities of the structure 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 head of the structure in the Union shall immediately inform all the other obliged entities of the structure in the Union of the decision mentioned in paragraph 3.
In the event of any material change to the identified head of the structure approved pursuant to this Article, the obliged entity 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 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 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 head of the structure such as a change of business, services or activities; acquisition, merger, division, dissolution, exclusion from the structure; or any other consideration relevant to the identification of the head of the structure.
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
structure
- includes at least two obliged entities;
- is not a group within the meaning of Article 2(1), point (41) of Regulation (EU) 2024/1624;
- has the objective of establishing a common framework of business, professional or commercial relationships having an element of duration connecting two or more obliged entities regardless of the legal form used;
- has common ownership, management, compliance controls or a combination of these elements.
Definition
self-regulatory body