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