The European Banking Authority has opened a consultation on new rules that could affect how Europe’s largest investment firms are supervised, particularly those with more than €30 billion in assets that may be required to move into the banking regulatory framework.
Clarifying The €30 Billion Threshold
Three draft regulatory technical standards cover how investment firms should calculate total assets, report those figures to supervisors and qualify for an exemption from the requirement to obtain a banking license.
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The proposals follow amendments to the Capital Requirements Directive in 2024 and aim to make the framework more proportionate while maintaining a focus on risk. Under the directive, firms that exceed €30 billion in assets are generally required to obtain authorization as credit institutions rather than remain solely under the Markets in Financial Instruments Directive.
That distinction can affect capital planning, governance, reporting requirements and business strategy.
New Rules On Asset Calculation And Waivers
Revised rules would clarify which entities and assets must be included when determining whether a firm has crossed the threshold, according to the EBA. Separate provisions would allow certain firms to continue operating under their existing investment-firm authorization instead of becoming credit institutions.
National regulators would assess whether a waiver is appropriate based on factors set out in the proposed framework. Firms granted an exemption would retain their existing regulatory status while remaining subject to supervision.
Balancing Flexibility And Financial Stability
A more proportionate approach should still account for the risks associated with larger investment firms, the EBA said. Regulators will need to balance flexibility for firms with consistent criteria for identifying businesses whose size and activities could have wider implications for financial stability.
For firms approaching the €30 billion threshold, the rules could determine both how their assets are measured and which regulatory regime applies.
Consultation Deadlines
Stakeholders can submit comments until Nov. 25, 2026. A virtual public hearing is scheduled for Sept. 30 at 10 am Central European Summer Time, with registration required by Sept. 25 at 4 pm CEST.
Comments can be submitted through the EBA’s consultation page using its online submission facility. Responses will be published after the consultation closes unless respondents explicitly request that their submissions remain unpublished.
