S.L. 371.22 чл. 15Establishment of significant branches (Home Authority).     S.L. 371.16.

(1) Where the competent authority is responsible for the supervision of a credit institution licensed in terms of the Act which has established a branch in another Member State or is the consolidating supervisor, it may receive a request from the European regulatory authority of the host Member State where the branch is established, for such branch to be considered as significant. This request shall provide reasons for considering the branch to be significant with particular regard to the following:

(a) whether the market share of the branch in terms of deposit exceeds 2% in the host Member State;

(b) the likely impact of a suspension or closure of the operations of the credit institution on systemic liquidity and the payment and clearing and settlement systems in the host Member State; and

(c) the size and the importance of the branch in terms of number of clients within the context of the banking or financial system of the host Member State.

(2) The competent authority shall do everything within its power to reach a joint decision on the designation of a branch as significant, with the European regulatory authority of the host Member State where the branch is established and, where Article 112(1) of the CRD applies, the European regulatory authority which is the consolidating supervisor.

(3) The competent authority shall communicate to the European regulatory authority of the host Member State, where a significant branch is established, the information referred to in regulation 9(3)(d) and (e) and carry out the tasks referred to in regulation 4(1)(c) in cooperation with the European regulatory authority of the host Member State.

(4) Where the competent authority becomes aware of an emergency situation as referred to in regulation 5(1), it shall alert as soon as practicable:

(a) the ESCB central banks, when this information is relevant for the exercise of their statutory tasks, including the conduct of monetary policy and related liquidity provision, the oversight of payments, clearing and settlement systems, and safeguarding the stability of the financial system, and it shall communicate all information that is essential for the pursuance of their tasks;

(b) the ESRB where such information is relevant for the exercise of its statutory tasks; and

(c) the departments of government administrations in other Member States responsible for law on the supervision of institutions, financial institutions and insurance undertakings and to inspectors acting on behalf of those departments.

(5) The competent authority shall communicate to the

European regulatory authority of the host Member State where the significant branch is established, the results of the risk assessment carried out in terms of the Banking Act (Supervisory Review) Regulations with respect to the credit institution licensed in Malta with such a branch and, where applicable, joint decisions on institution specific prudential requirements taken pursuant to Article 113(2) of the CRD. The competent authority shall also communicate decisions required by Articles 104 and 105 of the CRD in so far as those assessments and decisions are relevant to the branch.

(6) The competent authority shall consult the European regulatory authority of the host Member State where the significant branch is established about operational steps required by the Acts and any regulations made or Rules issued thereunder transposing the requirements of Article 86(11) of the CRD, where relevant for liquidity risks in the host Member State’s currency.