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Article 20 — Withdrawal of authorisation — compare

Showing 14 of 14Release 10 Nov 2026Details
Coverage
Not covered: national guidance, court decisions.
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Release 2d86bd12 published 10 Nov 2026, 17:06 CET. Verified against EUR-Lex on 9 Nov 2026.
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Showing 14 of 14
Failures
None.
Incomplete
No.
From
12 August 2022 · Consolidated version of 12 August 2022 · Verified 9 Nov 2026 · Official source
To
11 November 2026 · Consolidated version of 24 December 2024 · Verified 9 Nov 2026 · Official source
20(1)

1.Without prejudice to Article 22(3), thea CCP’s competent authority shall withdraw authorisation, in full or in part, where the CCP:

20(1)(a)
(a)has not made use of the authorisation within 12 months, expressly renounces the authorisation or has provided no services or performed no activity for the preceding six months;
20(1)(b)
(b)has obtained authorisation by making false statements or by any other irregular means;
20(1)(b)
(b)has obtained authorisation by making false statements or by any other irregular means;
20(1)(c)
(c)is no longer in compliance withexpressly renounces the conditions under which authorisation was granted and has not taken the remedial action requested by the CCP’s competent authority within a set time frame;
20(1)(d)
(d)has provided no services or performed no activity for the preceding 12 months in a class of derivatives, securities, other financial instruments or non-financial instruments covered by an authorisation;
20(1)(e)
(e)has obtained authorisation by making false statements or by any other irregular means;
20(1)(f)
(f)is no longer in compliance with the conditions under which authorisation was granted and has not taken the remedial action within the set timeframe; or
20(2)

2.Where the CCP’s competent authority considers that onewithdraws the authorisation of the circumstances referredCCP pursuant to in paragraph 1 applies, it shall, within five working days, notify ESMA and the members may limit such withdrawal of authorisation to a particular clearing service or activity in one or more classes of college accordinglyderivatives, securities, other financial instruments or non-financial instruments.

20(3)

3.The Before the CCP’s competent authority takes a decision to withdraw the authorisation of the CCP in full or in part, including for one or more clearing services or activities in one or more classes of derivatives, securities, other financial instruments or non-financial instruments under paragraph 1, it shall, in accordance with Article 17b, request consult the membersopinion of ESMA and the college referred to in Article 18 on the necessity to withdrawof withdrawing the authorisation, in full or in part, of the CCP, except where a decision is required urgently.

20(4)

4.Any ESMA or any member of the college referred to in Article 18 may, at any time, request that the CCP’s competent authority examine whether the CCP remains in compliance with the conditions under which the authorisation was granted.

20(5)

5.The Where the CCP’s competent authority may limit takes a decision to withdraw the withdrawal to a particular service, activityauthorisation of the CCP in full or in part, including for one or class more clearing services or activities in one or more classes of derivatives, securities, other financial instruments or non-financial instruments, that decision shall take effect throughout the Union and the CCP’s competent authority shall inform the CCP, via the central database, without undue delay.

20(6)

6.The CCP’s competent authority shall send ESMA and the members of the college its fully reasoned decision, which shall take into account the reservations of the members of the college.

20(7)

7.The decision on the withdrawal of authorisation shall take effect throughout the Union.

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