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Article 11 – Additional information for qualifying holdings of more than 50 % ⬅️ | ➡️ Article 13 – Entry into force
Références LVL1 <=> LVL2
Level 1 reference(s): 2023R1114_EN.84 > 4
Article 12 - Reduced information requirements
1.
Where the proposed acquirer has been assessed for the acquisition or increase in qualifying holdings by the same competent authority as that of the target entity in accordance with Articles 41(1) or 2023, EU of the European Parliament and of the Council
, EU of the European Parliament and of the Council
, Article 59 of Directive 2009/138/EC of the European Parliament and of the Council
or 2012 of the European Parliament and of the Council
, within the previous 2 years before the submission of the notification, that proposed acquirer shall only submit to the competent authority of the target entity the information that is specific to the proposed acquisition or the information that has changed since the previous assessment.
The proposed acquirer shall submit a signed declaration indicating the exact information referred to in this Regulation that has not been submitted, certifying that such information has not changed since the previous assessment and that it is still true, accurate and up-to-date.
2.
Without prejudice to paragraph 1, where the proposed acquirer is an undertaking authorised by the same competent authority as that of the target entity, and subject to the ongoing prudential supervision of that competent authority, that proposed acquirer shall only submit the information referred to in this Regulation specific to the proposed acquisition and shall not be required to submit the information already in possession of that competent authority. The proposed acquirer shall submit a signed declaration indicating the exact information referred to in this Regulation that has not been submitted because already in possession of that competent authority and certifying that such information is true, accurate and up-to-date.
3.
For the purposes of this Article, information specific to the proposed acquisition referred to in this Regulation includes all of the following:
(a)
where the proposed acquirer is a natural person:
(i)
information referred to in Article 1(1);
(ii)
information referred to in Article 2(1), points (d) to (f) and Article 2(2), points (a) to (d) where the proposed acquisition is covered by paragraph 1, or information referred to in Article 2(2), points (a) to (d) where the proposed acquisition is covered by paragraph 2 of this Article;
(iii)
information referred to in Article 5;
(iv)
information referred to in Article 6;
(v)
information referred to in Article 8;
(vi)
information referred to in Article 9, 10 or 11, as applicable;
(b)
where the proposed acquirer is a legal person, a trust, an AIF within the meaning of Article 4(1), point (a), of Directive 2011/61/EU, or an UCITS within the meaning of Article 1(2) of Directive 2009/65/EC, or a sovereign wealth fund:
(i)
information referred to in Article 1(2), points (a) to (f);
(ii)
information referred to in Article 3(1), points (a)(ii) to (a)(iv), and points (b), (c) and (d), and in Article 5 as applicable, and, where the proposed acquisition is covered by paragraph 1 of this Article, also information referred to in Article 3(2), points (a) to (d);
(iii)
information referred to in Articles 6 and 7;
(iv)
information referred to in Article 8;
(v)
information referred to in Articles 9 and 10 or 11, as applicable.