5.1. Governance rules applicable to groups of investment firms for which a Belgian entity is responsible for ensuring compliance with the prudential rules on a consolidated basis by the group and its entities

5:6 This section concerns:

  • groups for which the ultimate parent company in Belgium or another EEA country is a Belgian stockbroking firm; and
  • groups for which the ultimate parent company in Belgium or another EEA country is a Belgian investment holding company or a Belgian (mixed) financial holding company.

The firm at the head of such a group is referred to as the “Belgian institution responsible for the group”.

5:7 Pursuant to Article 163 of the Brokerage Supervision Act, the Belgian institution responsible for the group must comply (on a consolidated and/or, where applicable, sub-consolidated basis) with Articles 17, 23 to 40, 56 to 59, 66 to 78, 86 and 109 of the Brokerage Supervision Act and (i) ensure that the governance arrangements, processes and mechanisms are consistent and well integrated on a consolidated or sub-consolidated basis, (ii) assess the influence of the companies within the scope of consolidation on each other, and (iii) obtain all data and information relevant for supervision of the group or subgroup.

5:8  All rules relating to good governance se out in this manual apply mutatis mutandis at group level.

5:9 In practice, the Belgian institution responsible for the group should implement arrangements, processes and mechanisms to ensure sound and consistent governance for the group or subgroup on a consolidated basis.  Please see paragraph 5:9 of the Governance Manual for the Banking Sector, which applies by analogy.

5:10 For more information, please see paragraphs 77 to 84 of EBA/GL/2021/14.