On 25 November 2004, the Riigikogu adopted the Credit Institutions Act Amendment Act. Once again, European Union law required the changes. These changes bring increased regulatory detail, particularly regarding activity licences and the acquisition of a qualifying holding. It is no longer necessary to apply for prior permission from the Financial Supervisory Authority to increase or transfer a qualified holding. It suffices to provide advance written notice to the Financial Supervisory Authority. The Financial Supervisory Authority may then either notify the acquirer of the shares that they have no objection to the acquisition, and set a deadline during which the shares must be acquired, or alternatively it may forbid the acquisition of a qualifying holding.
The amendment law also extends the grounds for declaring invalid a licence issued for the opening of a foreign branch, and details the procedures for establishing a branch in the country of the contract, and for providing cross-border services. The amendments to the law provide an opportunity for credit institutions, after termination of their activity licence that are in the process of acquiring a licence from the Financial Supervisory Authority, to continue carrying out previously determined operations and transactions, under supervision. There are also changes that harmonise the terms and conditions for the rehabilitation and termination of credit institutions with European Union law.
The amendments to the Credit Institutions Act entered into force on 1 January 2005.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.