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Article 23 is amended as follows: paragraph 1 is amended as follows: point (e) is replaced by the following: (*7) Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73).’;" whether there are reasonable grounds to suspect that, in connection with the proposed acquisition, money laundering or terrorist financing within the meaning of Article 1 of Directive (EU) 2015/849 of the European Parliament and of the Council (*7) is being or has been committed or attempted, or that the proposed acquisition could increase the risk thereof. the following subparagraphs are added: ‘For the purpose of assessing the criterion set out in the first subparagraph, point (e), of this paragraph, competent authorities shall consult, in the context of their verifications, the authorities responsible for supervising the credit institutions in accordance with Directive (EU) 2015/849. Competent authorities may object to the proposed acquisition where the proposed acquirer is situated in a third country listed as a high-risk third country that has strategic deficiencies in its anti-money laundering and counter-terrorist financing regime, in accordance with Article 9 of Directive (EU) 2015/849, or in a third country that is subject to Union restrictive measures and it is assessed by the competent authority that it affects the capacity of the proposed acquirer to have in place the required practices and processes to comply with the requirements of the anti-money laundering and counter-terrorist financing regime.’ ; in paragraph 2, the following subparagraph is added: ‘For the purposes of this paragraph and with regard to the criterion set out in paragraph 1, point (e), of this Article, a negative opinion by the authorities responsible for supervising the credit institutions in accordance with Directive (EU) 2015/849, received by the competent authorities within 30 working days of the initial request, shall be duly taken into consideration by the competent authorities when assessing the proposed acquisition and may constitute a reasonable ground for opposition.’ ; the following paragraph is added: ‘6. EBA shall develop draft regulatory technical standards to specify the list of minimum information to be provided by the proposed acquirer to the competent authority at the time of the notification referred to in Article 22(1). For the purposes of the first subparagraph, EBA shall take into consideration Title II of Directive (EU) 2017/1132 of the European Parliament and of the Council (*8). EBA shall submit those draft regulatory technical standards to the Commission by 10 January 2026. Power is delegated to the Commission to supplement this Directive by adopting the regulatory technical standards referred to in the first subparagraph of this paragraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010. (*8) Directive (EU) 2017/1132 of the European Parliament and of the Council of 14 June 2017 relating to certain aspects of company law (OJ L 169, 30.6.2017, p. 46).’;"

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Source: EUR-Lex CELLAR · retrieved 2026-09-04 · Text as adopted (Official Journal); later amendments are not incorporated in this text.