Article 12

Path:
Capital Requirements Directive 4 (CRD4) > TITLE III > CHAPTER 1 > Article 12
Title:
Article 12
Description:
Initial capital
Main content:

1. Without prejudice to other general conditions laid down in national law, the competent authorities shall refuse authorisation to commence the activity of a credit institution where a credit institution does not hold separate own funds or where its initial capital is less than EUR 5 million.

2. Initial capital shall comprise only one or more of the items referred to in Article 26(1)(a) to (e) of Regulation (EU) No 575/2013.
 
3. Member States may decide that credit institutions which do not fulfil the requirement to hold separate own funds and which were in existence on 15 December 1979 may continue to carry out their business. They may exempt such credit institutions from complying with the requirement contained in the first subparagraph of Article 13(1).
 
4. Member States may grant authorisation to particular categories of credit institutions the initial capital of which is less than that specified in paragraph 1, subject to the following conditions:
 
(a) the initial capital is no less than EUR 1 million;
(b) the Member States concerned notify the Commission and EBA of their reasons for exercising that option.