Source: AMLA final report draft
- Anti-money laundering
AMLR supplemental acts
- RTS on group-wide minimum requirements and additional measures for third-country subsidiaries and branches
Article 10 Determination of sufficient prominence within the group
This is a draft act
This text has been parsed from the AMLA final report draft as published on 30 September 2026. While we run a suite of validations, the automated parsing can result in errors. Also, before it is finally adopted by the Commission, its wording, numbering and references may change, and entire articles might be removed or added.
Earlier drafts: AMLA consultation paper draft (16 April 2026)
Summary What does Article 10 of the RTS on group-wide minimum requirements and additional measures for third-country subsidiaries and branches say?
This article provides a structured methodology for a specific subset of obliged entities — those belonging to groups headquartered outside the EU that are not subsidiaries of an EU-established obliged entity — to determine which of them holds "sufficient prominence" within their group.
This concept of sufficient prominence is a prerequisite defined in Regulation (EU) 2024/1624 and feeds directly into Article 12, which governs the identification of a parent undertaking in the Union.
The article sets out a tiered approach: a primary set of factors to assess prominence first, followed by a fallback set of additional factors if the primary assessment is inconclusive.
Important points:
- Obliged entities in non-EU-headquartered groups, that are not subsidiaries of another EU obliged entity, must determine their "sufficient prominence" using primary factors such as holding company status, cross-border presence, average customer numbers (particularly high-risk ones), and average transaction volumes.
- If the primary factors do not conclusively determine sufficient prominence, apply a secondary set of criteria covering annual turnover, balance sheet size, and average number of employees.
- This article directly supports Article 12, which requires obliged entities that have determined sufficient prominence to identify one among them as the parent undertaking in the Union responsible for group-wide AML/CFT compliance.
Springlex's summary of the article is a reading aid, not a substitute for the legal text.
Obliged entities belonging to groups whose head office is located outside the Union and that are not a subsidiary of another undertaking that is an obliged entity established in the Union shall determine sufficient prominence as stipulated in Article 2(1), point (42)(b)(iii) of Regulation (EU) 2024/1624 by any of the following factors:
whether an obliged entity has the status of
financial mixed activity holding company as defined in Article 2(1), point (10) of Regulation (EU) 2024/1624;
non-financial mixed activity holding company as defined in Article 2(1), point (13) of Regulation (EU) 2024/1624;
an undertaking the principal activity of which is to acquire holdings, including a financial holding company, a mixed financial holding company, a financial mixed activity holding company as provided in the definition in Article 2(1), point (6)(a) of Regulation (EU) 2024/1624;
an insurance holding company or a mixed-activity insurance holding company as defined in Article 212(1), points (f) and (g) respectively, of Directive 2009/138/EC.
at the highest level of consolidation in accordance with Union law for accounting purposes, if the head office in a third country has established such undertaking in the Union for most of the group´s obliged entities in the Union.
the number of cross-border establishments, including agents or distributors, or under the freedom to provide services in another Member State through agents or distributors, or through other types of infrastructures located in other Member States;
the average number of customers on 31 December of the two calendar years immediately preceding the current calendar year, in particular those classified as high risk;
the average mount in euro or the equivalent in national currency at the official exchange rate with the euro available on 31 December of the reference calendar year of incoming and outgoing transactions carried out in the two calendar years immediately preceding the current calendar year, where applicable.
Where paragraph 1 does not conclusively determine sufficient prominence, obliged entities mentioned in paragraph 1 shall determine sufficient prominence based on the following additional factors:
the total annual turnover according to the latest available accounts approved by the management body;
the balance sheet size calculated on the basis of the latest audited consolidated financial statements or, where consolidated financial statements are not required to be prepared in accordance with the applicable accounting framework, the latest audited individual financial statement of the obliged entity;
the average number of employees during the financial year.
Springlex and this text is meant purely as a documentation tool and has no legal effect. No liability is assumed for its content. The authentic version of this act is the one published in the Official Journal of the European Union.
Definition
crypto-asset services
Definition
financial mixed activity holding company
Definition
crypto-asset service provider
Definition
non-financial mixed activity holding company
Definition
credit institution
- a credit institution as defined in Article 4(1), point (1), of Regulation (EU) No 575/2013;
- a branch of a credit institution, as defined in Article 4(1), point (17), of Regulation (EU) No 575/2013, when located in the Union, whether its head office is located in a Member State or in a third country;
Definition
parent undertaking
- for groups whose head office is located in the Union, an obliged entity that is a parent undertaking as defined in Article 2, point (9), of Directive 2013/34/EU that is not itself a subsidiary of another undertaking in the Union, provided that at least one subsidiary undertaking is an obliged entity;
- for groups whose head office is located outside of the Union, where at least two subsidiary undertakings are obliged entities established in the Union, an undertaking within that group established in the Union that:
- is an obliged entity;
- is an undertaking that is not a subsidiary of another undertaking that is an obliged entity established in the Union;
- has a sufficient prominence within the group and a sufficient understanding of the operations of the group that are subject to the requirements of this Regulation; and
- is given the responsibility of implementing group-wide requirements under Chapter II, Section 2 of this Regulation;
Definition
crypto-asset
Definition
establishment
- a branch or subsidiary;
- in the case of credit institutions and financial institutions, an infrastructure qualifying as an establishment under prudential regulation;
Definition
property
Definition
management body
Definition
group
Definition
financial institution
- an undertaking other than a credit institution or an investment firm, which carries out one or more of the activities listed in points (2) to (12), (14) and (15) of Annex I to Directive 2013/36/EU of the European Parliament and of the Council(32), including the activities of currency exchange offices (bureaux de change), but excluding the activities referred to in point (8) of Annex I to Directive (EU) 2015/2366, or an undertaking the principal activity of which is to acquire holdings, including a financial holding company, a mixed financial holding company and a financial mixed activity holding company;
- an insurance undertaking as defined in Article 13, point (1), of Directive 2009/138/EC of the European Parliament and of the Council(33), insofar as it carries out life or other investment-related assurance activities covered by that Directive, including insurance holding companies and mixed-activity insurance holding companies as defined, respectively, in Article 212(1), points (f) and (g), of Directive 2009/138/EC;
- an insurance intermediary as defined in Article 2(1), point (3), of Directive (EU) 2016/97 where it acts with respect to life insurance and other investment-related insurance services, with the exception of an insurance intermediary that does not collect premiums or amounts intended for the customer and which acts under the responsibility of one or more insurance undertakings or intermediaries for the products which concern them respectively;
- an investment firm as defined in Article 4(1), point (1), of Directive 2014/65/EU of the European Parliament and of the Council(34);
- a collective investment undertaking, in particular:
- an undertaking for collective investment in transferable securities (UCITS) as defined in Article 1(2) of Directive 2009/65/EC and its management company as defined in Article 2(1), point (b), of that Directive or an investment company authorised in accordance with that Directive and which has not designated a management company, that makes available for purchase units of UCITS in the Union;
- an alternative investment fund as defined in Article 4(1), point (a), of Directive 2011/61/EU and its alternative investment fund manager as defined in Article 4(1), point (b), of that Directive that fall within the scope set out in Article 2 of that Directive;
- a central securities depository as defined in Article 2(1), point (1), of Regulation (EU) No 909/2014 of the European Parliament and of the Council(35);
- a creditor as defined in Article 4, point (2), of Directive 2014/17/EU of the European Parliament and of the Council(36) and in Article 3, point (b), of Directive 2008/48/EC of the European Parliament and of the Council(37);
- a credit intermediary as defined in Article 4, point (5), of Directive 2014/17/EU and in Article 3, point (f), of Directive 2008/48/EC, when holding the funds as defined in Article 4, point (25), of Directive (EU) 2015/2366 in connection with the credit agreement, with the exception of the credit intermediary carrying out activities under the responsibility of one or more creditors or credit intermediaries;
- a crypto-asset service provider;
- a branch of a financial institution referred to in points (a) to (i), when located in the Union, whether its head office is located in a Member State or in a third country;
Definition
third country
Definition
funds