Decision (EU) 2019/322 of the European Central BankShow full title

Article 12 Criteria for the adoption of delegated decisions on amendments to statutes

1. Decisions on the approval of amendments to the statutes of a significant supervised entity shall be taken by means of a delegated decision in the following cases:

(a) amendments that are purely formal including changes of name and address;

(b) amendments that simply transpose statutory requirements of a legislative or regulatory nature;

(c) amendments that implement a judicial or administrative decision or which are made at the request of the ECB;

(d) amendments concerning the share capital of the significant supervised entity if the related own funds decision (e.g. on the classification of capital instruments as Common Equity Tier 1 instruments or the reduction of own funds) is also delegated;

(e) amendments to the statutes of a subsidiary to align them with the statutes of its parent undertaking if the amendments to the latter have already been approved by the ECB.

2. The assessment of amendments to statutes shall be carried out in accordance with the relevant provisions of national law, also taking into consideration any applicable ECB guides and/or national competent authorities' policy stances, guidance or similar acts.