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Directive (EU) 2024/1640 of the European Parliament and of the Council of 31 May 2024 on the mechanisms to be put in place by Member States for the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Directive(EU) 2019/1937, and amending and repealing Directive (EU) 2015/849 (Text with EEA relevance) article 56 CELEX: 32024L1640 2. Member States shall ensure that the supervisors are able at least to: (a) issue recommendations; (b) order obliged entities to comply, including to implement specific corrective measures; (c) issue a public statement which identifies the natural or legal person and the nature of the breach; (d) issue an order requiring the natural or legal person to cease the conduct and to desist from repetition of that conduct; (e) restrict or limit the business, operations or network of institutions comprising the obliged entity, or to require the divestment of activities; (f) where an obliged entity is subject to an authorisation, withdraw or suspend the authorisation; (g) require changes in the governance structure. |
Directive (EU) 2024/1640 of the European Parliament and of the Council of 31 May 2024 on the mechanisms to be put in place by Member States for the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Directive(EU) 2019/1937, and amending and repealing Directive (EU) 2015/849 (Text with EEA relevance) article 56 CELEX: 32024L1640 3. Member States shall ensure that the supervisors are able, by means of the administrative measures referred to in paragraph 2, in particular to: (a) require the provision of any data or information necessary for the fulfilment of their tasks pursuant to this Chapter without undue delay, to require the submission of any document, or impose additional or more frequent reporting requirements; (b) require the reinforcement of the internal policies, procedures and controls; (c) require the obliged entity to apply a specific policy or requirements relating to categories of or individual clients, transactions, activities or delivery channels that pose high risks; (d) require the implementation of measures to bring about the reduction of the money laundering or terrorist financing risks inherent in the activities and products of the obliged entity; (e) impose a temporary ban against any person discharging managerial responsibilities in an obliged entity, or any other natural person who has been held responsible for the breach from exercising managerial functions in obliged entities. |
Directive (EU) 2024/1640 of the European Parliament and of the Council of 31 May 2024 on the mechanisms to be put in place by Member States for the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Directive(EU) 2019/1937, and amending and repealing Directive (EU) 2015/849 (Text with EEA relevance) article 56 CELEX: 32024L1640 4. The administrative measures referred to in paragraph 2 shall be accompanied, where relevant, by binding deadlines for their implementation. Member States shall ensure that supervisors follow up and assess the implementation by the obliged entity of the actions requested. 5. Member States may empower supervisors to apply additional types of administrative measures to those referred to in paragraph 2. |
Directive (EU) 2024/1640 of the European Parliament and of the Council of 31 May 2024 on the mechanisms to be put in place by Member States for the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Directive(EU) 2019/1937, and amending and repealing Directive (EU) 2015/849 (Text with EEA relevance) article 56 CELEX: 32024L1640 Administrative measures
1. Member States shall ensure that supervisors are able to apply administrative measures to an obliged entity where they identify: (a) breaches of Regulation (EU) 2024/1624 or Regulation (EU) 2023/1113, either in combination with pecuniary sanctions for serious, repeated and systematic breaches, or on their own; (b) weaknesses in the internal policies, procedures and controls of the obliged entity that are likely to result in breaches of the requirements referred to in point (a) and administrative measures can prevent the occurrence of those breaches or reduce the risk thereof; (c) that the obliged entity has internal policies, procedures and controls that are not commensurate with the risks of money laundering, its predicate offences or terrorist financing to which the entity is exposed. |