The Dutch implementation act prudential requirements
(Implementatiewet kapitaalvereisten 2020,
Implementing Act) implementing directive
2019/878/EU (CRD V), entered into force on 29 December 2020,
introducing a new set of rules for consolidated supervision of
banking groups. The Implementing Act amends the Dutch Financial
Supervision Act (AFS) to introduce a new section
3.6.2 (articles 3:280a and further).
In short, in the situation that a group including one or more
banks or investment firms has a holding company, prudential
consolidation must be applied at the holding level. The new rules
introduce an authorisation obligation at the level of the holding
company ensuring that, at the holding level, it may be held
responsible for the application of the prudential requirements on a
consolidated basis within the group.