in force 2024-12-24 MODIFIED+619 −106§
Amended by Regulation (EU) 2024/2987 32024R2987 · Regulation (EU) 2022/1671 32022R1671
applies from: unchanged
Paragraphs 2, 4 and 5 now use the phrase "shall not authorise" in place of the earlier "shall refuse to authorise" or "shall refuse authorisation", and paragraph 3 and 5 drop the reference to "of the competent authority" after "supervisory functions".
Paragraph 2 adds a new sentence stating that, where a college referred to in Article 18 has been established, that college shall issue an opinion on the suitability of shareholders or members with qualifying holdings, pursuant to Article 19 and in accordance with the procedure under Article 17b.
Paragraph 4 similarly gains a new sentence providing that the college referred to in Article 18 shall issue an opinion on whether the influence is likely to be prejudicial to sound and prudent management and on the measures envisaged to terminate that situation, pursuant to Article 19 and in accordance with the procedure under Article 17b.
Cited: Art. 30, v1 · Art. 30, v2
text before / after
02012R0648-20220812 → 02012R0648-20241224
Article 30
Shareholders and members with qualifying holdings
1. The competent authority shall not authorise a CCP unless it has been informed of the identities of the shareholders or members, whether direct or indirect, natural or legal persons, that have qualifying holdings and of the amounts of those holdings.
2. The competent authority shall refuse to not authorise a CCP where it is not satisfied as to the suitability of the shareholders or members that have qualifying holdings in the CCP, taking into account the need to ensure the sound and prudent management of a CCP.
Where a college referred to in Article 18 has been established, that college shall issue an opinion as to the suitability of the shareholders or members that have qualifying holdings in the CCP, pursuant to Article 19 and in accordance with the procedure under Article 17b.
3. Where close links exist between the CCP and other natural or legal persons, the competent authority shall grant authorisation only where those links do not prevent the effective exercise of the supervisory functions of the competent authority. functions.
4. Where the persons referred to in paragraph 1 exercise an influence which is likely to be prejudicial to the sound and prudent management of the CCP, the competent authority shall take appropriate measures to terminate that situation, which may include the withdrawal of the authorisation of the CCP.
The college referred to in Article 18 shall issue an opinion on whether the influence is likely to be prejudicial to the sound and prudent management of the CCP and on the measures envisaged to terminate that situation, pursuant to Article 19 and in accordance with the procedure under Article 17b.
5. The competent authority shall refuse authorisation not authorise the CCP where the laws, regulations or administrative provisions of a third country governing one or more natural or legal persons with which the that CCP has close links, or difficulties involved in their enforcement, prevent the effective exercise of the supervisory functions of the competent authority. functions.