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#1. New branch requirements for non-EU institutions
CRD VI introduces new rules on some impactful topics for non-EU institutions. Under CRD VI non-EU institutions that perform core banking activities in the EU may become required to open a branch office in each relevant Member State. Core banking activities include deposit-taking, lending, and issuing guarantees.
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#2. Impact on non-EU bank
Only non-EU banks will be required to open a branch when lending into the EU. A non-EU institution qualifies as a non-EU bank if it would meet the definition of a bank were it to have its corporate seat in the relevant Member State.
While many institutions have historically operated without a license, non-EU banks with clients or business activities in the EU may now become subject to national authorization requirements, local governance standards and direct oversight within the host Member State.
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#3. Dutch Implementation
In order to take effect, CRD VI requires implementation by each Member State in its national laws.
On 30 April 2025, the Dutch Implementation Act for CRD VI was submitted for consultation. If the Act is implemented as proposed, the branch offices of non-EU banks engaging in core banking activities in the Netherlands, will need a license from the Dutch Central Bank and will fall under its prudential supervision.
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#4. Possible next steps following implementation of CRD VI in the Netherlands
If CRD VI is implemented as proposed, non-EU institutions that wish to continue to provide loans to Dutch borrowers may consider to:
- Use a non-bank for these lending activities into the Netherlands, i.e. an entity that does not also does not also take deposits or other repayable funds from the public;
- Open a Dutch branch office and apply for a licence;
- Open an EU subsidiary and apply for an EU banking licence, which can be passported throughout the EU;
- Only perform out of scope activities: reverse solicitation and MiFID activities. A non-EU bank that only acts on the basis of reverse solicitation is out of scope. The same goes for non-EU banks that only perform MiFID activities.
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#5. Timing and implementation
The Dutch Implementation Act for CRD VI was submitted for consultation on 30 April 2025. It is intended to enter into force on 11 January 2026. The branch requirements for non-EU institutions shall apply as of 11 January 2027. Loans granted before 11 July 2026 would be grandfathered and are therefore exempt. Any loans or other core banking activities originated or performed thereafter would bring the non-EU institution in scope of these requirements. The Dutch consultation is open until 28 May 2025.
Read more?
Please download our short paper in pdf here.
Any questions?
If you have any questions or need further information, please feel free to contact us. We would be happy to discuss how these changes may impact your business.
