Reporting obligations for (mixed) financial holding companies under Belgian law following supervisory regime changes

NBB_2022_30 – 22 November 2022 Communication – Page 1/4 boulevard de Berlaimont 14 – 1000 Brussels Phone: +32 2 221 38 12 Company number: 0203.201.340 RPM (Trade Register) Brussels www.nbb.be Communication Brussels, 22 November 2022 Reference: NBB_2022_30 Contact persons:
Pieter-Jan Janssens and Nicolas Strypstein
Phone +32 2 221 20 23 / +32 2 221 44 74 pieterjan.janssens@nbb.be / nicolas.strypstein@nbb.be Reporting expected from (mixed) financial holding companies governed by Belgian law following the modification of their supervisory regime in the Banking Law Scope Financial holding companies and mixed financial holding companies governed by Belgian law and their accredited statutory auditors. Summary/Objectives The purpose of this communication is to inform financial holding companies and mixed financial holding companies governed by Belgian law, as well as their accredited statutory auditors, of their reporting obligations following the modification of their supervisory regime provided for in the Banking Law. Dear Madam, Dear Sir, Financial holding companies and mixed financial holding companies governed by Belgian law have been subject to prudential supervision for several years. Following the transposition of CRD V 1 into Belgian law 2 , Articles 212/1 et seq. of the Banking Law 3 now provide for an approval requirement for the parent (mixed) financial holding companies governed by Belgian law referred to in the said Article 212/1 4. The Banking Law also provides for the possibility of exemption 1 Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC, as amended by Directive (EU) 2019/878 of the European Parliament and of the Council of 20 May 2019 amending Directive 2013/36/EU as regards exempted entities, financial holding companies, mixed financial holding companies, remuneration, supervisory measures and powers and capital conservation measures. 2 Law of 11 July 2021 transposing Directive (EU) 2019/878 of the European Parliament and of the Council of 20 May 2019, Directive (EU) 2019/879 of the European Parliament and of the Council of 20 May 2019, Directive (EU) 2019/2034 of the European Parliament and of the Council of 27 November 2019, Directive (EU) 2019/2177 of the European Parliament and of the Council of 18 December 2019, Directive (EU) 2021/338 of the European Parliament and of the Council of 16 February 2021, and containing various provisions. 3 Law of 25 April 2014 on the legal status and supervision of credit institutions. 4 This means Belgian parent financial holding companies, Belgian parent mixed financial holding companies, Belgian parent financial holding companies in the EEA and Belgian parent mixed financial holding companies in “‘ BanqueNationaleBank DE BEGIQUE VAN BELGIË Eurosystem