As of June 26, investment firms are subject to a new European regulatory regime, introducing categories of investment firms to identify large bank-like firms and smaller ones.

The largest firms will qualify as credit institutions if dealing on their own account or underwrites/places financial instruments on a firm commitment basis and has assets greater than EUR 30bn. These organizations will be required to apply for licences as a credit institution from the national supervisor of the country where the firm will be located, in cooperation with the European Central Bank (ECB). Ultimately, the licensing decision remains with the ECB.

Large investment firms are recommended to review the Guide to assessments of licence applications which includes information on various criteria including capital position, business plan, financial projections, organizational structure, governance arrangements, internal controls and risk management, IT infrastructure and business continuity planning, and outsourcing arrangements.