Credit institutions
Joint Guidelines for complaints handling for the securities (ESMA) and banking (EBA) sectors
Scope of application:
These guidelines apply to the following authorised supervised entities, supervised entities comparable to authorised supervised entities, other supervised entities and foreign supervised entities as referred to in sections 4, 5 and 6 of the FIN-FSA Act, with respect to activities pursued in Finland, and the following other financial participants:
- Credit institutions
- Intermediaries of consumer credit relating to residential property (Issued on 18 January 2018, valid from 1 May 2019) Investment firms
- Management companies
- Payment institutions
- Alternative investment managers pursuing activities referred to in chapter 3, section 2(2) and section 3 of the AIFM Act (162/2014)
- Finnish branches of foreign credit institutions and investment firms authorised in a non-EEA country
- Foreign investment firms authorised in a non-EEA country and providing investment service without establishing a branch.
Information releases:
Contact information:
Sanna Atrila, Chief Legal Advisor
Tel. 09 183 5552, email: sanna.atrila@finanssivalvonta.fi
EBA guidelines on Stressed Value-At-Risk (Stressed VaR)(EBA/GL/2012/02)
Scope of application
- credit institutions
- investment firms
- central bodies of amalgamations of deposit banks
- holding companies of credit institutions
- holding companies of investment firms
- These regulations and guidelines are applicable to the holding companies of credit institutions only on the basis of their consolidated situation
Related to these guidelines:
Regulations and Guidelines related to the Capital Requirements Regulation 5/2019
Guidelines on Stressed Value-At-Risk (Stressed VaR) | European Banking Authority (europa.eu)
Contact information
Tomi Halme, Chief Inspector
tel. +358 9 183 5233; e-mail: tomi.halme(at)finanssivalvonta.fi
Scope of application:
- credit institutions
- investment firms
- central bodies of amalgamations of deposit banks
- holding companies of credit institutions
- holding companies of investment firms
- These guidelines are applicable to the holding companies of credit institutions only on the basis of their consolidated situation
Related to these guidelines:
Regulations and Guidelines related to the Capital Requirements Regulation 5/2019
Contact information
Anna Myllymäki, Chief Specialist
tel. +358 9 183 5020, e-mail anna.myllymaki(at)finanssivalvonta.fi
EBA guidelines on the range of scenarios to be used in recovery plans (EBA/GL/2014/06)
Scope of application:
- a credit institution or a holding company and financial institution belonging to the same consolidation group in accordance with chapter 8a, sections 1 and 8 of the Credit Institutions Act (610/2014);
- an investment firm that trades in financial instruments on its own account or underwrites issues in accordance with the Act on Investment Firms (747/2012) or a holding company and financial institution belonging to the same consolidation group;
- an amalgamation of deposit banks in accordance with chapter 3, section 20 a of the Act on the amalgamation of deposit banks (599/2010).
Related to these guidelines:
Contact information
Virva Walo, Chief Legal Advisor
tel. +358 9 183 5253, e-mail: virva.walo(at)finanssivalvonta.fi
Scope of application:
- a credit institution or a holding company and financial institution belonging to the same consolidation group in accordance with chapter 8a, sections 1 and 8 of the Credit Institutions Act (610/2014);
- an investment firm that trades in financial instruments on its own account or underwrites issues in accordance with the Act on Investment Firms (747/2012) or a holding company and financial institution belonging to the same consolidation group;
- an amalgamation of deposit banks in accordance with chapter 3, section 20 a of the Act on the amalgamation of deposit banks (599/2010).
Related to these guidelines:
Guidelines on early intervention triggers | European Banking Authority (europa.eu)
Contact information
Virva Walo, Chief Legal Advisor
tel. +358 9 183 5253, e-mail: virva.walo(at)finanssivalvonta.fi
Scope of application:
- The Guidelines are addressed to supervisory authorities and crisis resolution authorities.
The FIN-FSA’s further guidance:
The Guidelines also apply to entities falling within the scope of application by virtue of Article 81 (1) of Directive 2014/59/EU and groupings of such entities if they consider themselves to be near failing or likely to fail. The Financial Supervisory Authority recommends that entities falling within the scope of application of the Guidelines and groupings consisting of such entities comply with the EBA Guidelines in terms of the sections referred to above and take the aforesaid into account in circumstances referred to above. However, the sections of the Guidelines referring to the conditions for resolution laid out in Article 32 (1) (b) and (c) of Directive 2014/59/EU are not applicable to institutions.a credit institution or a holding company and financial institution belonging to the same consolidation group in accordance with chapter 8a, sections 1 and 8 of the Credit Institutions Act (610/2014);
- an investment firm that trades in financial instruments on its own account or underwrites issues in accordance with the Act on Investment Firms (747/2012) or a holding company and financial institution belonging to the same consolidation group;
- an amalgamation of deposit banks in accordance with chapter 3, section 20 a of the Act on the amalgamation of deposit banks (599/2010).
Related to these guidelines:
Guidelines on failing or likely to fail | European Banking Authority (europa.eu)
Contact information
Virva Walo, Chief Legal Advisor
tel. +358 9 183 5253, e-mail: virva.walo(at)finanssivalvonta.fi
Scope of application:
- a credit institution or a holding company and financial institution belonging to the same consolidation group in accordance with chapter 8a, sections 1 and 8 of the Credit Institutions Act (610/2014);
- an investment firm that trades in financial instruments on its own account or underwrites issues in accordance with the Act on Investment Firms (747/2012) or a holding company and financial institution belonging to the same consolidation group;
- an amalgamation of deposit banks in accordance with chapter 3, section 20 a of the Act on the amalgamation of deposit banks (599/2010).
Related to these guidelines:
Contact information
Virva Walo, Chief Legal Advisor
tel. +358 9 1835253, e-mail: virva.walo(at)finanssivalvonta.fi
Scope of application:
- groups managed by a EU parent institution, EU parent financial holding company or EU parent mixed financial holding company
- subsidiaries of a EU parent institution, EU parent financial holding company or EU parent mixed financial holding company whose level of leverage ratio exposures exceeds EUR 200 billion at group level or individually, using an appropriate exchange rate taking into account the applicable foreign exchange rate published by the European Central Bank at the end of the financial year and international standards (‘relevant entities’).
Related to these guidelines:
Amending guidelines EBA/GL/2020/14
Amending guidelines EBA/GL/2022/12
Contact information
Peik Granlund, Chief Specialist
tel. +358 9 183 5236, e-mail: peik.granlund(at)finanssivalvonta.fi
Scope of application:
- The guidelines are addressed to competent authorities. In addition, they are addressed to crisis resolution authorities and other authorities and persons who, in the context of crisis resolution, must handle confidential information. Furthermore, the guidelines apply to financial institutions referred to in Article 4(1) of Regulation (EU) N:o 1093/2010
The FIN-FSA’s further guidance:
The FIN-FSA recommends that institutions, within the scope of application of the Guidelines and conglomerates consisting of such institutions, comply with the EBA Guidelines.
Related to these guidelines:
Contact information
Virva Walo, Chief Legal Advisor
tel. +358 9 183 5253, e-mail: virva.walo(at)finanssivalvonta.fi
EBA Guidelines on implicit support for securitisation transactions (EBA/GL/2016/08)
Scope of application:
- credit institutions
- investment firms
- management companies
- alternative investment fund managers
- central bodies of amalgamations of deposit banks
- holding companies of credit institutions
- holding companies of investment firms
- These guidelines are applicable to the holding companies of credit institutions only on the basis of their consolidated situation
Related to these guidelines:
Regulations and Guidelines related to the Capital Requirements Regulation 5/2019
Contact information
Anna Myllymäki, Chief Specialist
tel. +358 9 183 5020, e-mail anna.myllymaki(at)finanssivalvonta.fi
EBA guidelines on ICAAP and ILAAP information collected for SREP purposes (EBA/GL/2016/10)
Scope of application:
1) credit institutions
2) central bodies of amalgamations of deposit banks, as referred to in the Act on the Amalgamation of Deposit Banks
3) holding companies of credit institutions and investment firms
4) holding companies of conglomerates as referred to in the Act on the Supervision of Financial and Insurance Conglomerates.
Solely in respect of ICAAP, the guidelines apply to the institutions below as referred to in Act on the Financial Supervisory Authority (878/2008):
1) investment firms
Additional guidelines:
The FIN-FSA will inform the supervised entities individually of the reporting frequency and the reporting deadline.
Related to these guidelines:
Guidelines on ICAAP and ILAAP information | European Banking Authority (europa.eu)
Contact information
ICAAP:
Sami Ilvonsalo, Chief Banking Supervisor
tel. +358 9 183 5028, e-mail: sami.ilvonsalo(at)finanssivalvonta.fi
ILAAP:
Marjo Risku, Chief Specialist
tel. +358 9 183 5275, e-mail: marjo.risku(at)finanssivalvonta.fi
Scope of application:
- credit institutions
- investment firms
- central bodies of amalgamations of deposit banks
- holding companies of credit institutions
- holding companies of investment firms
- parent companies of financial and insurance conglomerates
- These guidelines are applicable to the holding companies of credit institutions only on the basis of their consolidated situation
Related to these guidelines:
Regulations and Guidelines related to the Capital Requirements Regulation 5/2019
Guidelines on Connected Clients | European Banking Authority (europa.eu)
Contact information
Torsten Groschup, Chief Specialist
tel. +358 9 183 5333, e-mail: torsten.groschup(at)finanssivalvonta.fi
EBA Guidelines on outsourcing arrangements (EBA/GL/2019/02)
Scope of application:
- credit institutions
- management companies
- the stock exchange
- branches in Finland of foreign credit institutions authorised in non-EEA countries (branch offices of third-country credit institutions)
- payment institutions
Related to these guidelines:
Guidelines on outsourcing arrangements | European Banking Authority (europa.eu)
Contact information
Pasi Korhonen, Chief Specialist
tel. +358 9 183 5514, e-mail: pasi.korhonen(at)finanssivalvonta.fi
Scope of application
- groups managed by a EU parent institution, EU parent financial holding company or EU parent mixed financial holding company
- institutions that are not subsidiaries of a EU parent institution, EU parent financial holding company or EU parent mixed financial holding company whose level of leverage ratio exposures exceeds EUR 200 billion at group level or individually, using an appropriate exchange rate taking into account the applicable foreign exchange rate published by the European Central Bank at the end of the financial year and international standards (‘relevant entities’).
Related to these guidelines
Amending guidelines EBA/GL/2022/12
Contact information
Peik Granlund, Chief Specialist
tel. +358 9 183 5236, e-mail peik.granlund(at)finanssivalvonta.fi
Scope of application:
- groups managed by a EU parent institution, EU parent financial holding company or EU parent mixed financial holding company
- institutions that are not subsidiaries of a EU parent institution, EU parent financial holding company or EU parent mixed financial holding company whose level of leverage ratio exposures exceeds EUR 200 billion at group level or individually, using an appropriate exchange rate taking into account the applicable foreign exchange rate published by the European Central Bank at the end of the financial year and international standards (‘relevant entities’).
Related to these guidelines:
Contact information
Peik Granlund, Chief Specialist, tel. +358 9 1835236, e-mail: peik.granlund(at)finanssivalvonta.fi
Scope of application:
• Credit institutions
• Investment firms
• Central bodies of amalgamations of deposit banks
• Holding companies of credit institutions and investment firms
• Mixed financial holding companies, to the extent they are subject to the comparable statutory management fit and proper requirements as credit institutions
• Foreign credit institutions authorised in a non-EEA country and having a branch in Finland
• Foreign investment firms authorised in a non-EEA country and having a branch in Finland
Information releases:
- Regulations and guidelines 15/2021 Assessment of the suitability of members of the management body and key function holders
Contact information:
Credit institutions:
Anne Hakkila, Senior legal advisor
tel. +358 9 183 5512, email: anne.hakkila(at)finanssivalvonta.fi
Investment firms:
Raija Railas, Senior Supervisor
tel. +358 9 831 5235, email: raija.railas(at)finanssivalvonta.fi
Scope of application:
- credit institutions
- investment firms
- central bodies of amalgamations of deposit banks
- holding companies of credit institutions
- holding companies of investment firms
- parent companies of financial and insurance conglomerates
- These guidelines are applicable to the holding companies of credit institutions only on the basis of their consolidated situation
Related to these guidelines:
- Regulations and Guidelines related to the Capital Requirements Regulation 5/2019
- Guidelines on criteria for the use of data inputs in the expected shortfall risk measure under the IMA | European Banking Authority (europa.eu)
Contact information
Tomi Halme, Chief Inspector
tel. +358 91835233, e-mail: tomi.halme(at)finanssivalvonta.fi
Scope of application:
1) credit institutions
2) investment firms
3) foreign credit institutions authorised in a non-EEA country and having a branch in Finland
4) foreign investment firms authorised in a non-EEA country and having a branch in Finland
Related to these guidelines:
Contact information
Anne Hakkila, Senior Legal Advisor
tel. +358 9 183 5512, e-mail: anne.hakkila(at)finanssivalvonta.fi
EBA guidelines on recovery plan indicators under Article 9 of Directive 2014/59/EU (EBA/GL/2021/11)
Scope of application:
- a credit institution or a holding company and financial institution belonging to the same consolidation group in accordance with chapter 8a, sections 1 and 8 of the Credit Institutions Act (610/2014);
- an investment firm that trades in financial instruments on its own account or underwrites issues in accordance with the Act on Investment Firms (747/2012) or a holding company and financial institution belonging to the same consolidation group;
- an amalgamation of deposit banks in accordance with chapter 3, section 20 a of the Act on the amalgamation of deposit banks (599/2010).
Related to these guidelines:
Guidelines on recovery plans indicators | European Banking Authority (europa.eu)
Contact information
Virva Walo, Chief Legal Advisor
tel. +358 9 1835253, e-mail: virva.walo(at)finanssivalvonta.fi
Scope of application:
1) credit institutions
2) central bodies of amalgamations of deposit banks, as referred to in the Act on the Amalgamation of Deposit Banks
3) holding companies of credit institutions
4) Investment firms not meeting all the conditions to qualify as small and non-interconnected investment firms under Article 12(1) of the EU Regulation on the prudential requirements of investment firms (EU 2019/2033, IFR), their parent companies as well as holding companies as referred in chapter 1, section 20 of Act on Investment Services (747/2012)
5) holding companies of conglomerates as referred to in the Act on the Supervision of Financial and Insurance Conglomerates.
6) foreign credit institutions authorised in a non-EEA country and having a branch in Finland
7) foreign investment firms authorised in a non-EEA country and having a branch in Finland
Related to these guidelines:
Contact information
Erika Penttilä, Chief Specialist, tel. +358 9 1835270, e-mail: erika.penttila(at)finanssivalvonta.fi
Antti Alakiuttu, Risk Specialist, puhelin 09 183 545, antti.alakiuttu(at)finanssivalvonta.fi
Publications:
EBA recommendation on the development of recovery plans (EBA/REC/2013/02)
Scope of application:
- a credit institution or a holding company and financial institution belonging to the same consolidation group in accordance with chapter 8a, sections 1 and 8 of the Credit Institutions Act (610/2014);
- an investment firm that trades in financial instruments on its own account or underwrites issues in accordance with the Act on Investment Firms (747/2012) or a holding company and financial institution belonging to the same consolidation group;
- an amalgamation of deposit banks in accordance with chapter 3, section 20 a of the Act on the amalgamation of deposit banks (599/2010).
Related to these guidelines:
Recommendation on the development of recovery plans | European Banking Authority (europa.eu)
Contact information:
Virva Walo, Chief Legal Advisor
tel. +358 9 1835253, e-mail: virva.walo(at)finanssivalvonta.fi
EBA recommendation on the coverage of entities in a group recovery plan (EBA/REC/2017/02)
Scope of application:
- a credit institution or a holding company and financial institution belonging to the same consolidation group in accordance with chapter 8a, sections 1 and 8 of the Credit Institutions Act (610/2014);
- an investment firm that trades in financial instruments on its own account or underwrites issues in accordance with the Act on Investment Firms (747/2012) or a holding company and financial institution belonging to the same consolidation group;
- an amalgamation of deposit banks in accordance with chapter 3, section 20 a of the Act on the amalgamation of deposit banks (599/2010).
Related to these guidelines:
Contact information:
Virva Walo, Chief Legal Advisor
tel. +358 9 1835253, e-mail: virva.walo(at)finanssivalvonta.fi
EBA Guidelines on ICT and security risk management (EBA/GL/2019/04)
Scope of application:
- credit institutions
- payment institutions
- investment firms
- management companies
- alternative investment fund managers
- Finnish branches of foreign credit institutions
- Finnish branches of foreign payment institutions
- Finnish branches of foreign investment firms
- Finnish Central Securities Depository (APK)
Related to these guidelines:
Guidelines on ICT and security risk management | European Banking Authority (europa.eu)
Contact information
Pasi Korhonen, Chief Specialist
tel. +358 9 183 5514, e-mail: pasi.korhonen(at)finanssivalvonta.fi
EBA recommendation on the use of the Legal Entity Identifier (LEI) (EBA/REC/2014/01)
Scope of application:
1) credit institutions
2) investment firms
3) management companies
4) alternative investment fund managers
5) Finnish parent companies of consolidation groups of credit institutions and investment firms
6) central bodies of amalgamations of deposit banks
7) Finnish holding companies of financial and insurance conglomerates, or credit institutions acting as a parent company
8) parent companies of sub consolidation group, if said group includes subsidiaries that are authorized to provide credit or investment services in Finland
Related to these guidelines:
Contact information:
Kirsti Svinhufvud, Senior Specialist
tel. +358 9 183 5251, e-mail: kirsti.svinhufvud(at)finanssivalvonta.fi
Effective from 3.11.2023
Scope of application:
These Guidelines are applicable to the following obliged entities as referred to in chapter 1, section 2 of the Act on Preventing Money Laundering and Terrorist Financing (444/2017) (hereinafter the AML Act):
1) credit institutions and branches of third country credit institutions as referred to in the Credit Institutions Act (1055/2016)
2) financial institutions belonging to the same consolidation group with a credit institution as referred to in the Credit Institutions Act
3) insurance companies and special purpose vehicles as referred to in the Insurance Companies Act (521/2008) when pursuing activities falling within the life insurance classes referred to in the Act on Insurance Classes (526/2008)
4) branches of third country insurance companies as referred to in the Act on Foreign Insurance Companies (398/1995) when pursuing activities falling within the life insurance classes referred to in the Act on Insurance Classes (526/2008)
5) fund management companies as referred to in the Act on Common Funds (213/2019) and depositories authorised under the said Act
6) investment firms and branches of third country firms as referred to in the Investment Services Act (747/2012)
7) branches of a foreign EEA investment firm as referred to in the Investment Services Act
8) a central securities depository as referred to in the Act on the Book-Entry System and Settlement Activities (348/2017), including a registration fund and settlement fund established by such
9) account operators as referred to in the Act on the Book-Entry System and Clearing Operations and foreign corporations’ Finnish offices which have been granted the rights of an account operator
10) payment institutions as referred to in the Payment Institutions Act (297/2010)
11) natural and legal persons as referred to in sections 7, 7 a and 7 b of the Act on Payment Institutions
12) foreign payment institutions as referred to in the Act on the Operation of Foreign Payment Institutions in Finland (298/2010), when providing payment services in Finland through a branch or an agent
13) alternative investment fund managers with authorisation as an alternative investment fund manager under the Act on Alternative Investment Fund Managers (162/2014), and depositories authorised under said Act
14) branches of foreign alternative investment funds as referred to in the Act on Alternative Investment Fund Managers as well as alternative investment fund managers under the registration obligation referred to in said Act and Finnish branches of foreign depositories
15) insurance intermediaries as referred to in the Insurance Distribution Act (234/2018) and Finnish branches of foreign insurance intermediaries insofar as insurance policies falling within the life insurance classes referred to in the Act on Insurance Classes (526/2008) are concerned
16) Finnish credit intermediaries as referred to in the Act on Intermediaries of Consumer Credit Relating to Residential Property (852/2016) and Finnish branches of foreign credit intermediaries.
The FIN-FSA’s further guidance:
For the purposes of paragraph 19 of these Guidelines, it shall be taken into account that, in accordance with chapter 3, section 3(3) of the AML Act, where the customer is a foreigner who does not have a Finnish personal identity code, the data of the customer's travel document shall be retained in addition to the information referred to in chapter 3, section 3(2) of the AML Act.
Related to these guidelines:
- Regulations and guidelines 2/2023 Preventing Money Laundering and Terrorist Financing
- Guidelines on policies and controls for the effective management of ML/TF risks when providing access to financial services | European Banking Authority (europa.eu)
Publications
Contact information
Jonna Ekström, Chief Legal Counsel
tel. +358 9 183 5531 , e-mail: jonna.ekstrom(at)finanssivalvonta.fi or aml-authorities(at)fiva.fi
Scope of application:
1) credit institutions and branches of third country credit institutions as referred to in the Credit Institutions Act (610/2014)
2) financial institutions belonging to the same consolidation group with a credit institution as referred to in the Credit Institutions Act
3) insurance companies and special purpose vehicles as referred to in the Insurance Companies Act (521/2008) when pursuing activities falling within the life insurance classes referred to in the Act on Insurance Classes (526/2008)
4) branches of third country insurance companies as referred to in the Act on Foreign Insurance Companies (398/1995) when pursuing activities falling within the life insurance classes referred to in the Act on Insurance Classes (526/2008)
5) fund management companies as referred to in the Act on Common Funds (213/2019) and depositories authorised under the said Act
6) investment firms and branches of third country firms as referred to in the Investment Services Act (747/2012)
7) branches of a foreign EEA investment firm as referred to in the Investment Services Act
8) a central securities depository as referred to in the Act on the Book-Entry System and Settlement Activities (348/2017), including a registration fund and settlement fund established by such
9) account operators as referred to in the Act on the Book-Entry System and Clearing Operations and foreign corporations’ Finnish offices which have been granted the rights of an account operator
10) payment institutions as referred to in the Payment Institutions Act (297/2010)
11) natural and legal persons as referred to in sections 7, 7 a and 7 b of the Act on Payment Institutions
12) foreign payment institutions as referred to in the Act on the Operation of Foreign Payment Institutions in Finland (298/2010), when providing payment services in Finland through a branch or an agent
13) alternative investment fund managers with authorisation as an alternative investment fund manager under the Act on Alternative Investment Fund Managers (162/2014), and depositories authorised under said Act
14) branches of foreign alternative investment funds as referred to in the Act on Alternative Investment Fund Managers as well as alternative investment fund managers under the registration obligation referred to in said Act and Finnish branches of foreign depositories
15) insurance intermediaries as referred to in the Insurance Distribution Act (234/2018) and Finnish branches of foreign insurance intermediaries insofar as insurance policies falling within the life insurance classes referred to in the Act on Insurance Classes (526/2008) are concerned
16) Finnish credit intermediaries as referred to in the Act on Intermediaries of Consumer Credit Relating to Residential Property (852/2016) and Finnish branches of foreign credit intermediaries.
These regulations and guidelines are also applicable to the following obliged entities as referred to in chapter 1, section 2 of the AML Act:
1) branches of foreign entities corresponding to the supervised entities listed above in subparagraphs 1, 3, 4, 5, 6, 8,10 and 13 of paragraph 1 and foreign entities corresponding to such supervised entities, where the entity provides services in Finland through a representative without establishing a branch
2) insurance companies and special purpose vehicles as referred to in the Insurance Companies Act (521/2008) when pursuing activities other than those falling within the life insurance classes referred to in the Act on Insurance Classes (526/2008)3) employee pension insurance companies as referred to in the Act on Employee Pension Insurance Companies (354/1997)
4) branches of third country insurance companies as referred to in the Act on Foreign Insurance Companies (398/1995) when pursuing activities other than those falling within the life insurance classes referred to in the Act on Insurance Classes (526/2008)
5) Finnish central counterparties as referred to in the Act on the Book-Entry System and Settlement Activities
6) entities as referred to in Article 27(2) of Regulation (EU) 2017/2402 of the European Parliament and of the Council laying down a general framework for securitisation and creating a specific framework for simple, transparent and standardised securitisation, and amending Directives 2009/65/EC, 2009/138/EC and 2011/61/EU and Regulations (EC) No 1060/2009 and (EU) No 648/2012, which have been granted authorisation as referred to in Article 28 of said Regulation
7) holding companies that have been granted authorisation to pursue holding company activities as stipulated in chapter 2 a of the Credit Institutions Act
8) approved public arrangements as referred to in Article 2(1)(34), and approved reporting mechanism as referred to in Article 2(1)(36), of Regulation (EU) No 600/2014 on markets in financial instruments and amending Regulation (EU) No 648/2012, to which the Financial Supervisory Authority has granted authorisation and for the supervision of which it is responsible under Article 27 b(1)(2) of said Regulation
9) branches of foreign entities corresponding to the supervised entities listed above in subparagraphs 2–8
10) foreign entities corresponding to the supervised entities listed above in subparagraphs 2–8, where the entity provides services in Finland through a representative without establishing a branch
11) local mutual insurance associations as referred to in the Local Mutual Insurance Associations Act (1250/1987)
12) insurance intermediaries as referred to in the Insurance Distribution Act (234/2018) and Finnish branches of foreign insurance intermediaries insofar as insurance policies other than those falling within the life insurance classes referred to in the Act on Insurance Classes (526/2008) are concerned, ancillary insurance intermediaries as well as Finnish branches of foreign insurance intermediaries and ancillary insurance intermediaries
13) virtual currency providers as referred to in the Act on Virtual Currency Providers (572/2019)
14) traders falling within the scope of application of the Act on the Registration of Certain Credit Providers and Credit Intermediaries (186/2023) (Issued on 6.7.2023, valid from 1.9.2023).
The FIN-FSA’s further guidance:
Traders falling within the scope of application of Act on the Registration of Certain Credit Providers and Credit Intermediaries became subject to supervision by the FIN-FSA on 1 July 2023.
Related to these guidelines:
- Preventing Money Laundering and Terrorist Financing, regulations and guidelines 2/2023
- Guidelines on the use of remote customer onboarding solutions | European Banking Authority (europa.eu)
Contact information
Jonna Ekström, Chief Legal Advisor,
tel. +358 9 1835531, e-mail: jonna.ekstrom(at)finanssivalvonta.fi and aml-authorities(at)fiva.fi
Scope of application:
1) Credit institutions and branches of third-country credit institutions as referred to in the Act on Credit institutions (610/2014)
2) financial institutions belonging to the same consolidation group with a credit institution referred to in the Act on Credit Institutions
3) insurance companies and special purpose vehicles referred to in the Insurance Companies Act (521/2008) where pursuing activities falling within the life assurance classes referred to in the Act on Insurance Classes (521/2008)
4) branches of insurance companies from a third country as referred to in the Act on Foreign Insurance Companies (398/1995) where pursuing activities falling within the life assurance classes referred to in the Act on Insurance Classes (521/2008)
5) fund management companies referred to in the Mutual Funds Act (213/2019) or custodians authorised under said Act
6) investment firms referred to in the Act on Investment Services (747/2012) and branches of third-country firms
7) branches of EEA investment firms referred to in the Act on Investment Services
8) a central securities depository, including a registration fund and settlement fund established by such a depository, as referred to in the Act on the Book-Entry System (348/2017)
9) account operators referred to in the Act on the Book-Entry System and Clearing Operations and foreign corporations’ Finnish offices that have been granted the rights of an account operator
10) payment institutions referred to in the Payment Institutions Act (297/2010)
11) natural persons and legal persons referred to in sections 7, 7 a and 7 b of the Payment Institutions Act (297/2010)
12) foreign payment institutions referred to in the Act on the Operation of Foreign Payment Institutions in Finland (298/2010) where providing payment services in Finland through a branch or agent
13) managers of alternative investment funds authorised as AIFMs in accordance with the Act on Alternative Invesment Fund Managers (162/2014), as well as custodians authorised under said Act.
14) branches of foreign AIFMs in Finland and AIFMs subject to the registration requirement and Finnish branches of foreign custodians as referred to in the Act on Alternative Investment Fund Managers (162/2014)
15) insurance intermediaries referred to in the Insurance Distribution Act (234/2018) and branches of foreign insurance intermediaries operating in Finland insofar as insurance falling within the life assurance classes referred to in the Act on Insurance Classes (521/2008) is concerned
16) Finnish credit intermediaries referred to in the Act on Intermediaries of Consumer Credit Relating to Residential Property (852/2016) and Finnish branches of foreign credit intermediaries
Related to these guidelines:
Guidelines on the role of AML/CFT compliance officers | European Banking Authority (europa.eu)
Contact information:
Jonna Ekström, Chief Legal Advisor
tel. +358 9 183 5531, e-mail: jonna.ekstrom(at)finanssivalvonta.fi and aml-authorities(at)fiva.fi
Scope of application:
These regulations and guidelines shall apply to the following obliged entities referred to in the Act on Preventing Money Laundering and Terrorist Financing (444/2017):
1) credit institutions referred to in the Act on Credit Institutions (610/2014), branches of third-country credit institutions
2) financial institutions belonging to the same consolidation group with a credit institution referred to in the Act on Credit Institutions
3) insurance companies and special purpose vehicles referred to in the Insurance Companies Act (521/2008) where pursuing activities falling within the life assurance classes referred to in the Act on Insurance Classes (521/2008)
4) branches of insurance companies from a third country as referred to in the Act on Foreign Insurance Companies (398/1995) where pursuing activities falling within the life assurance classes referred to in the Act on Insurance Classes (526/2008)
5) fund management companies referred to in the Mutual Funds Act (213/2019) or custodians authorised under said Act
6) investment firms referred to in the Act on Investment Services (747/2012) and branches of third-country investment firms
7) branches of EEA investment firms referred to in the Act on Investment Services
8) a central securities depository, including a registration fund and settlement fund established by such a depository, as referred to in the Act on the Book-Entry System (348/2017)
9) account operators referred to in the Act on the Book-Entry System and Clearing Operations and foreign corporations’ Finnish offices that have been granted the rights of an account operator
10) payment institutions referred to in the Payment Institutions Act (297/2010)
11) natural persons and legal persons referred to in sections 7, 7 a and 7 b of the Payment Institutions Act
12) foreign payment institutions referred to in the Act on the Operation of Foreign Payment Institutions in Finland (298/2010) where providing payment services in Finland through a branch or agent
13) managers of alternative investment funds authorised as AIFMs in accordance with the Act on Alternative Investment Fund Managers (162/2014), and as custodians authorised under said Act
14) branches of foreign AIFMs in Finland, AIFMs subject to the registration requirement as well as Finnish branches of foreign custodians in accordance with the Act on Alternative Investment Fund Managers
15) insurance intermediaries referred to in the Insurance Distribution Act (234/2018) and branches of foreign insurance intermediaries operating in Finland insofar as insurance falling within the life assurance classes referred to in the Act on Insurance Classes (521/2008) is concerned
16) Finnish credit intermediaries referred to in the Act on Intermediaries of Consumer Credit Relating to Residential Property (852/2016) and Finnish branches of foreign credit intermediaries
The FIN-FSA’s further guidance:
The FIN-FSA recommends that also the following obliged entities referred to in chapter 1, section 2 of the AML Act comply with these guidelines where applicable:
1) branches of foreign entities corresponding to the supervised entities listed above in subparagraphs 1, 3, 4, 5, 6, 8,10 and 13 of paragraph 1 and foreign entities corresponding to such supervised entities, where the entity provides services in Finland through a representative without establishing a branch
2) insurance companies and special purpose vehicles as referred to in the Insurance Companies Act (521/2008) when pursuing activities other than those falling within the life insurance classes referred to in the Act on Insurance Classes (526/2008)
3) employee pension insurance companies as referred to in the Act on Employee Pension Insurance Companies (354/1997)
4) branches of third country insurance companies as referred to in the Act on Foreign Insurance Companies (398/1995) when pursuing activities other than those falling within the life insurance classes referred to in the Act on Insurance Classes (526/2008)
5) Finnish central counterparties as referred to in the Act on the Book-Entry System and Settlement Activities
6) entities as referred to in Article 27(2) of Regulation (EU) 2017/2402 of the European Parliament and of the Council laying down a general framework for securitisation and creating a specific framework for simple, transparent and standardised securitisation, and amending Directives 2009/65/EC, 2009/138/EC and 2011/61/EU and Regulations (EC) No 1060/2009 and (EU) No 648/2012, which have been granted authorisation as referred to in Article 28 of said Regulation
7) holding companies that have been granted authorisation to pursue holding company activities as stipulated in chapter 2 a of the Credit Institutions Act
8) approved public arrangements as referred to in Article 2(1)(34), and approved reporting mechanism as referred to in Article 2(1)(36), of Regulation (EU) No 600/2014 on markets in financial instruments and amending Regulation (EU) No 648/2012, to which the Financial Supervisory Authority has granted authorisation and for the supervision of which it is responsible under Article 27 b(1)(2) of said Regulation
9) branches of foreign entities corresponding to the supervised entities listed above in subparagraphs 2–8
10) foreign entities corresponding to the supervised entities listed above in subparagraphs 2–8, where the entity provides services in Finland through a representative without establishing a branch
11) local mutual insurance associations as referred to in the Local Mutual Insurance Associations Act (1250/1987)
12) insurance intermediaries as referred to in the Insurance Distribution Act (234/2018) and Finnish branches of foreign insurance intermediaries insofar as insurance policies other than those falling within the life insurance classes referred to in the Act on Insurance Classes (526/2008) are concerned, ancillary insurance intermediaries as well as Finnish branches of foreign insurance intermediaries and ancillary insurance intermediaries
13) virtual currency providers as referred to in the Act on Virtual Currency Providers (572/2019)
14) traders falling within the scope of application of the Act on the Registration of Certain Credit Providers and Credit Intermediaries (186/2023)
Related to these guidelines:
Guidelines on ML/TF risk factors (revised) | European Banking Authority (europa.eu)
Contact information
Jonna Ekström, Chief Legal Advisor
tel. +358 9 183 5531,e-mail: jonna.ekstrom(at)finanssivalvonta.fi and aml-authorities(at)fiva.fi
Effective from 3.11.2023
Scope of application:
These Guidelines are applicable to the following obliged entities as referred to in chapter 1, section 2 of the Act on Preventing Money Laundering and Terrorist Financing (444/2017) (hereinafter the AML Act):
1) credit institutions and branches of third country credit institutions as referred to in the Credit Institutions Act (1055/2016)
2) financial institutions belonging to the same consolidation group with a credit institution as referred to in the Credit Institutions Act
3) insurance companies and special purpose vehicles as referred to in the Insurance Companies Act (521/2008) when pursuing activities falling within the life insurance classes referred to in the Act on Insurance Classes (526/2008)
4) branches of third country insurance companies as referred to in the Act on Foreign Insurance Companies (398/1995) when pursuing activities falling within the life insurance classes referred to in the Act on Insurance Classes (526/2008)
5) fund management companies as referred to in the Act on Common Funds (213/2019) and depositories authorised under the said Act
6) investment firms and branches of third country firms as referred to in the Investment Services Act (747/2012)
7) branches of a foreign EEA investment firm as referred to in the Investment Services Act
8) a central securities depository as referred to in the Act on the Book-Entry System and Settlement Activities (348/2017), including a registration fund and settlement fund established by such
9) account operators as referred to in the Act on the Book-Entry System and Clearing Operations and foreign corporations’ Finnish offices which have been granted the rights of an account operator
10) payment institutions as referred to in the Payment Institutions Act (297/2010)
11) natural and legal persons as referred to in sections 7, 7 a and 7 b of the Act on Payment Institutions
12) foreign payment institutions as referred to in the Act on the Operation of Foreign Payment Institutions in Finland (298/2010), when providing payment services in Finland through a branch or an agent
13) alternative investment fund managers with authorisation as an alternative investment fund manager under the Act on Alternative Investment Fund Managers (162/2014), and depositories authorised under said Act
14) branches of foreign alternative investment funds as referred to in the Act on Alternative Investment Fund Managers as well as alternative investment fund managers under the registration obligation referred to in said Act and Finnish branches of foreign depositories
15) insurance intermediaries as referred to in the Insurance Distribution Act (234/2018) and Finnish branches of foreign insurance intermediaries insofar as insurance policies falling within the life insurance classes referred to in the Act on Insurance Classes (526/2008) are concerned
16) Finnish credit intermediaries as referred to in the Act on Intermediaries of Consumer Credit Relating to Residential Property (852/2016) and Finnish branches of foreign credit intermediaries.
The FIN-FSA’s further guidance:
The FIN-FSA recommends that the following obliged entities as referred to in chapter 1, section 2 of the AML Act also comply with the Guidelines, as applicable:
1) branches of foreign entities corresponding to the supervised entities listed above in subparagraphs 1, 3, 4, 5, 6, 8,10 and 13 of paragraph 1 and foreign entities corresponding to such supervised entities, where the entity provides services in Finland through a representative without establishing a branch
2) insurance companies and special purpose vehicles as referred to in the Insurance Companies Act (521/2008) when pursuing activities other than those falling within the life insurance classes referred to in the Act on Insurance Classes (526/2008)
3) employee pension insurance companies as referred to in the Act on Employee Pension Insurance Companies (354/1997)
4) branches of third country insurance companies as referred to in the Act on Foreign Insurance Companies (398/1995) when pursuing activities other than those falling within the life insurance classes referred to in the Act on Insurance Classes (526/2008)
5) Finnish central counterparties as referred to in the Act on the Book-Entry System and Settlement Activities
6) entities as referred to in Article 27(2) of Regulation (EU) 2017/2402 of the European Parliament and of the Council laying down a general framework for securitisation and creating a specific framework for simple, transparent and standardised securitisation, and amending Directives 2009/65/EC, 2009/138/EC and 2011/61/EU and Regulations (EC) No 1060/2009 and (EU) No 648/2012, which have been granted authorisation as referred to in Article 28 of said Regulation
7) holding companies that have been granted authorisation to pursue holding company activities as stipulated in chapter 2 a of the Credit Institutions Act
8) approved public arrangements as referred to in Article 2(1)(34), and approved reporting mechanism as referred to in Article 2(1)(36), of Regulation (EU) No 600/2014 on markets in financial instruments and amending Regulation (EU) No 648/2012, to which the Financial Supervisory Authority has granted authorisation and for the supervision of which it is responsible under Article 27 b(1)(2) of said Regulation
9) branches of foreign entities corresponding to the supervised entities listed above in subparagraphs 2–8
10) foreign entities corresponding to the supervised entities listed above in subparagraphs 2–8, where the entity provides services in Finland through a representative without establishing a branch
11) local mutual insurance associations as referred to in the Local Mutual Insurance Associations Act (1250/1987)
12) insurance intermediaries as referred to in the Insurance Distribution Act (234/2018) and Finnish branches of foreign insurance intermediaries insofar as insurance policies other than those falling within the life insurance classes referred to in the Act on Insurance Classes (526/2008) are concerned, ancillary insurance intermediaries as well as Finnish branches of foreign insurance intermediaries and ancillary insurance intermediaries
13) virtual currency providers as referred to in the Act on Virtual Currency Providers (572/2019)
14) traders falling within the scope of application of the Act on the Registration of Certain Credit Providers and Credit Intermediaries (186/2023)
Related to these guidelines
- Regulations and guidelines 2/2023 Preventing Money Laundering and Terrorist Financing
- Guidelines on ML/TF risk factors (revised) | European Banking Authority (europa.eu)
Publications
Contact information
Jonna Ekström, Chief Legal Counsel
tel. +358 9 183 5531 , e-mail: jonna.ekstrom(at)finanssivalvonta.fi or aml-authorities(at)fiva.fi
EBA guidelines on the overall recovery capacity in recovery planning (EBA/GL/2023/06)
- Applies from 11.01.2024
Scope of application:
- a credit institution or a holding company and financial institution belonging to the same consolidation group in accordance with chapter 8a, sections 1 and 8 of the Credit Institutions Act (610/2014);
- an investment firm that trades in financial instruments on its own account or underwrites issues in accordance with the Act on Investment Firms (747/2012) or a holding company and financial institution belonging to the same consolidation group;
- an amalgamation of deposit banks in accordance with chapter 3, section 20 a of the Act on the amalgamation of deposit banks (599/2010).
Related to these guidelines:
Publications
Contact information
Antti Hietala, senior legal advisor
tel. +358 9 183 5468, email: antti.hietala(at)finanssivalvonta.fi
EIOPA’s guidelines on PEPP supervisory reporting (EIOPA-BoS-21/260)
- valid from 22 March 2022
Scope of application:
- credit institutions
- life insurance companies
- investment firms authorised by the Financial Supervisory Authority to provide asset management services
- fund management companies
- AIFMs subject to authorisation
These guidelines are related to:
Contact information:
Banking Supervision/Banking Risk Areas
Capital Markets Supervision/Investment Products and Services
Insurance Supervision/Life and non-life insurance and supervision of investment activities
tel. +358 9 183 51
Scope of application:
- life, non-life and reinsurance companies
- central counterparties
- credit institutions
- investment firms
These guidelines are related to:
Contact information:
Credit institutions: Anne Hakkila, Senior Legal Advisor
tel. +358 9 183 5512, email: anne.hakkila(at)fiva.fi
Central counterparties: Jukka Laitinen, Chief Legal Advisor
tel. +358 9 183 51, email: jukka.laitinen(at)fiva.fi
Investment firms: Raija Railas, Senior Supervisor
tel. +358 9 183 5235, email: raija.railas(at)finanssivalvonta.fi
Insurance companies: Tiina Granlund, Chief Supervisor
tel. +358 9 183 5521, email: tiina.granlund(at)finanssivalvonta.fi