Capital Requirements Implementation Act 2026 submitted to the House of Representatives: third-country regime for non-EU banks?

On 9 July 2024, the amended Capital Requirements Regulation (Regulation (EU) 2024/1623) and the amended Capital Requirements Directive (Directive (EU) 2024/1619) entered into force. The Netherlands was one of the first Member States (on 30 April 2025) to publish a draft implementation act for consultation (Dutch: Capital Requirements Implementation Act 2026). The bill was subsequently submitted to the House of Representatives on 19 January 2026. Among other things, the bill amends articles in the Dutch Financial Supervision Act (DFSA) and introduces a branch and authorisation regime for banking services from third countries.

New regime

A remarkable feature of the bill is the introduction of an EU-harmonised regime for third-country firms offering core banking services (i.e. granting loans, taking deposits and other callable funds, and providing guarantees and sureties) on a cross-border basis (i.e. without a branch office). In principle, after implementation, these undertakings will be required to have a branch in the Netherlands and, accordingly, a licence from the Dutch Central Bank (De Nederlandsche Bank). For the granting of loans and the provision of guarantees, a branch is only required if the non-EU undertaking, were it established in the Netherlands, would qualify as a bank. By contrast, for the taking of deposits and other repayable funds, a branch and licence requirement applies to every non-EU undertaking.

It is currently expected that, if the bill is passed, this regime will come into force on 11 January 2027. The bill also introduces (among other things) a distinction between Class 1 and Class 2 branches, with different prudential requirements and levels of supervision, as well as new reporting obligations for third-country branches (from 11 July 2026).

Transitional arrangements and points to note

Agreements concluded before 11 July 2026 are exempt from the new branch and authorisation requirements. However, existing agreements may not be amended or modified without complying with the new requirements; they may only be allowed to expire.

The following aspects are also important when applying the new regime:

• The definition of deposits and other repayable funds is not limited to funds raised from the public;
• Bond issues in accordance with the Prospectus Regulation are expressly exempt from the new branch and authorisation requirements; such issues therefore do not give rise to an obligation to establish a third-country branch; and
• The definition of “bank” (in accordance with the definition in Section 1:1 of the Dfsa) determines whether the granting of loans and the provision of guarantees by a non-EU undertaking falls under the new regime.

Practical implications

For non-EU institutions, the new regime means that they must assess timely whether their activities in the Netherlands fall within the definition of core banking services and whether a (licensed) branch will consequently be required.

Legal status

The bill is currently undergoing parliamentary scrutiny in the House of Representatives and has not yet been definitively adopted. Its content may still be amended during this process through amendments or following input from the House of Representatives. Following adoption by the House of Representatives, the bill must also be considered by the Dutch Senate before it can enter into force as law.

Should you wish to obtain further information, please contact Ruben Verschuren & Lisanne Poyé.