The Future for Third-country Banks in the EU
The EC has introduced a new regulatory regime for third-country banks and in particular their branches (TCBs) operating in the 27EU, under the EU Capital Requirements Directive VI, which is applicable from 2027.
Article 21c of the Capital Requirements Directive VI will regulate how non-EU financial firms can provide core banking services within the EU. Essentially, it requires these firms to establish an EU branch in a member state where they are providing “core banking services” like deposit-taking and lending, if they don’t already have a subsidiary there.
A degree of flexibility is provided via exemptions and carve outs. Notably, the requirement to establish a third country branch in the relevant Member State does not apply where the inter-bank or the intra-group transactions are involved. Nor is the establishment of a third country branch required in the case of reverse solicitation.
The new regime will considerably restrict foreign banks from providing banking services on a remote basis, unless they have an EU presence, or can argue that they are eligible for the above exemptions.
This is expected to be a major transformation of the EU banking landscape
Presentation Objectives
• Secure an in-depth understanding of the CRD VI 3rd country bank branch regime
• Gain insights into the interrelationships and carve-outs between the CRDVI regime and other EU legislative packages i.e., MiFID, AIFMD, UCITS
• Attain knowledge of the EBA’s first report on the new regime (23 July 2025) assessing whether the CRD VI exemption from the branch requirement should be extended to other EU FSEs, including investment firms, asset managers, insurance and reinsurance undertakings, payment and e-money institutions and certain crypto-asset service providers
• Address particular concerns elating to reverse solicitation.
Presentation Outline
• The CRDVI TCB regime
• The rationale for the new TCB regime
• Exemptions explained
• Risks factors identified by the EBA
• Clarity when using reverse solicitation.
• Rules relating to EU financial services entities when relying on third-country banks
Speaker | David Doyle | EU Financial Services Regulatory expert
