EBA Publishes Draft Guidelines On The Authorisation Of Third Country Branches

Quick Take

On 3 November 2025, the European Banking Authority (EBA) published a consultation paper setting out draft guidelines on the authorisation of third country branches (hereinafter referred to as the Guidelines).¹ The Guidelines aim to establish a harmonised framework for national competent authorities (NCAs) authorising third country branches (TCBs). They are addressed to head undertakings and the NCAs responsible for receiving and assessing TCB applications. The Guidelines are expected to apply from 11 January 2027 onwards.²

The Guidelines apply to all TCB authorisation applications under the new CRD VI regime³(see standalone thought leadership from our EU RegCORE on CRD VI), except where Member States apply the 'subsidiary‑like approach'—i.e., treating a TCB as if it were a CRR credit institution subject to full CRR/CRD supervision. As explored in this Client Alert, the Guidelines introduce a structured list of information to be included in