Banks having their registered offices in the Netherlands and (mixed) financial holdings need prior approval from DNB, the ECB or jointly from a supervisory authority in another Member State and DNB if that other supervisory authority is the consolidating supervisor, for three acts mentioned in the Wft. You can get this approval by applying for a DNO. Significant banks need to apply for approval to the ECB. Does your bank qualify as a significant bank? Please contact DNB first, before applying for a DNO. Some acts only require a prior notification.
For the information to be submitted with your application or notification, please check the list of minimum information to be provided for material acquisitions, material transfers of assets and liabilities, mergers and divisions on the website of the European Banking Authority.
1. Material holdings
Banks or (mixed) financial holdings need a DNO for acquiring a material holding. This is a direct or indirect holding of at least 15% of its eligible capital, on an individual basis or, where applicable, on both an individual and a consolidated basis.
2. Mergers
Banks or (mixed) financial holdings need a DNO for entering into mergers with other enterprises or institutions if the bank or (mixed) financial holding will be the entity resulting from the merger. This concerns a merger as referred to in Article 27h of the Capital Requirements Directive. (DIRECTIVE (EU) 2024/1619 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 31 May 2024).
3. Carrying out a division (demerger)
A bank or a (mixed) financial holding requires a DNO in order to carry out a division as referred to in Article 27h of the Capital Requirements Directive.
4. Notification of divestiture material holding
A bank or a (mixed) financial holding must notify DNB in advance of the disposal of a material holding (as referred to above under 1).
5. Acquisition or transfer of assets or liabilities
A bank or a (mixed) financial holding must notify DNB in advance of the acquisition or transfer of assets or liabilities, where such transfer is of material significance as referred to in Article 27f of the Capital Requirements Directive.