EBA consults on revised standards for reclassification of investment firms as credit institutions

The European Banking Authority (EBA) has launched a consultation on three draft Regulatory Technical Standards (RTS) concerning the reclassification of investment firms as credit institutions when their total assets exceed EUR 30 billion.

The proposals clarify how to calculate total assets, reporting requirements for investment firms, and conditions for granting waivers by competent authorities. These revised RTS reflect the 2024 amendments to the Capital Requirements Directive (CRD) and aim to ensure a proportionate, risk-based application of the framework.

Under the CRD, investment firms exceeding EUR 30 billion in total assets must obtain a credit institution authorization instead of operating under a MiFID investment firm license.

The EBA has revised its draft RTS on calculation methodology and reporting following the 2024 CRD amendments. For the first time, the EBA is consulting on draft RTS detailing factors that authorities must consider when assessing waiver requests, allowing firms to operate under an investment firm authorization if granted.

Comments can be submitted via the EBA consultation page by clicking the “send your comments” button. The deadline is 25 November 2026.

A virtual public hearing will be held on 30 September 2026 at 10:00 CEST. Interested stakeholders can register by 25 September 2026 at 16:00 CEST using the provided registration link. Dial-in details will be shared with registrants.

All comments received will be published after the consultation unless confidentiality is requested.

The draft RTS have been developed in accordance with the legal basis provided by the relevant regulations.