CHAPTER III

OBLIGATIONS REGARDING MANAGEMENT COMPANIES
SECTION 1

Conditions for taking up business
Article 8
1
The competent authorities shall not grant authorisation to take up the business of management companies until they have been informed of the identities of the shareholders or members, whether direct or indirect, natural or legal persons, that have qualifying holdings and of the amounts of those holdings.
The competent authorities shall refuse authorisation if, taking into account the need to ensure the sound and prudent management of a management company, they are not satisfied as to the suitability of the shareholders or members referred to in the first subparagraph.
2
In the case of branches of management companies that have registered offices outside the Community and are taking up or pursuing business, the Member States shall not apply provisions that result in treatment more favourable than that accorded to branches of management companies that have registered offices in Member States.
3
The competent authorities of the other Member State involved shall be consulted beforehand in relation to the authorisation of any management company which is one of the following:
a
a subsidiary of another management company, an investment firm, a credit institution or an insurance undertaking authorised in another Member State;
b
a subsidiary of the parent undertaking of another management company, an investment firm, a credit institution or an insurance undertaking authorised in another Member State; or
c
a company controlled by the same natural or legal persons as control another management company, an investment firm, a credit institution or an insurance undertaking authorised in another Member State.