Source: OJ L, 2024/1620, 19.6.2024

Current language: EN

Article 18 General investigations


    1. In order to carry out the tasks conferred on it by this Regulation, the Authority may conduct all necessary investigations of any selected obliged entitymeans a credit institution, a financial institution, or a group of credit institutions or financial institutions at the highest level of consolidation in the Union in accordance with applicable accounting standards, which is under direct supervision by the Authority pursuant to Article 13; or any natural person employed by it or any legal person belonging to it, established or located in a Member State.

    2. To that end, the Authority may:

      1. require the submission of documents;

      2. examine the books and records of the persons concerned and take copies or extracts from the books and records;

      3. obtain access to internal audit reports, certification of accounts, and any software, databases, IT tools or other electronic means of recording information;

      4. obtain access to documents and information relating to decision-making processes, including those developed by algorithms or other digital processes;

      5. obtain written or oral explanations from any person referred to in Article 17 or their representatives or staff;

      6. interview any other person who consents to being interviewed for the purpose of collecting information relating to the subject matter of an investigation.

    1. The persons referred to in Article 17 shall be subject to investigations launched on the basis of a decision of the Authority. When a person obstructs the conduct of the investigation, the financial supervisormeans the body entrusted with responsibilities aimed at ensuring compliance by obliged entities with the requirements of this Regulation, including AMLA when performing the tasks entrusted to it in Article 5(2) of Regulation (EU) 2024/1620; of the Member State where the relevant premises are located shall provide, in compliance with national law, the necessary assistance, including facilitating the access by the Authority to the business premises of the natural and legal persons referred to in Article 17, so that the powers listed in paragraph 1 of this Article can be exercised.

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