What Changed
- Revision of draft RTS on methodology for calculating the EUR 30 billion threshold at solo and group level under Article 8a(6)(b) CRD.
- Updating draft RTS for reporting requirements applying to investment firms with total assets exceeding EUR 5 billion pursuant to Article 55(5) IFR.
- First consultation on draft RTS detailing supervisory waiver assessment factors under Article 8a(7) CRD.
Investment firms operating within the European Union and foreign financial groups active in EU markets face updated supervisory guidance as the European Banking Authority (EBA) launches a public consultation on three draft Regulatory Technical Standards (RTS). These technical standards address the mandatory reclassification of large investment firms as credit institutions when their total assets reach or exceed the EUR 30 billion threshold.
Under the Capital Requirements Directive (CRD), investment firms crossing the EUR 30 billion total assets threshold must obtain authorization as a credit institution instead of continuing under a MiFID investment firm authorization. Following amendments made to the CRD in 2024 that clarified which entities are included when calculating total assets, the EBA revised its draft RTS. The revised proposals specify the asset calculation methodology at both solo and group level in accordance with Article 8a(6)(b) of the CRD, alongside related reporting obligations for investment firms with total assets exceeding EUR 5 billion under Article 55(5) of the Investment Firms Regulation (IFR).
Additionally, the EBA is consulting for the first time on draft RTS under Article 8a(7) of the CRD. This set of standards outlines the specific factors competent supervisory authorities must assess when deciding whether to grant a firm a waiver from the credit institution authorization requirement. Where a waiver is granted, the firm is permitted to remain operating under its existing investment firm authorization.
The public consultation is open for comments until 25 November 2026. The EBA will also hold a virtual public hearing on 30 September 2026 from 10:00 CEST, with mandatory stakeholder registration required by 25 September 2026 at 16:00 CEST.
Who May Be Affected
Investment firms with total assets exceeding EUR 5 billion or EUR 30 billion, EU competent authorities, and corporate groups containing large investment firm entities.
Cross-Border Context
Applies across all EU Member States and affects international investment firm groups operating within the European Union.
What to check next
- EBA consultation page for the submission of comments prior to 25 November 2026.
- Virtual public hearing registration prior to 25 September 2026 at 16:00 CEST for the 30 September 2026 event.
This article provides general information and does not constitute legal advice. Consult the official text and obtain advice appropriate to your circumstances where needed.
Prepared automatically with AI assistance from the official sources linked on this page. Translations and explanations do not replace the official text.