CRD VI third country branch regime – implications for non-EU lenders and EU borrowers

The CRD VI third country branch regime will change how non-EU banks and large non-EU investment firms provide lending and other banking services to EU borrowers from 11 January 2027.

For Ireland, where cross-border corporate lending has historically been more accessible than in many EU jurisdictions, the new regime will introduce authorisation and regulatory requirements that will influence how non-EU lenders access the market.

Non-EU banks and large investment firms may need to establish authorised EU branches, rely on specific exemptions or restructure lending arrangements. As a result, Irish borrowers could see changes to lender relationships, financing structures and documentation.

In this insight, our Financial Regulation Advisory Team discuss:

• key features of the CRD VI third country branch regime and its application from 11 January 2027
• Ireland's implementation of the CRD VI third country branch regime
• banking activities that are in scope and when branch authorisation is required
• the exemptions and exclusions, including reverse solicitation and grandfathering of legacy contracts
• outstanding areas of uncertainty under the new rules
• strategic and practical implications for non-EU lenders operating in the Irish and EU markets
• impact on Irish and EU borrowers, including lending arrangements, contract migrations and documentation

For further information on the CRD VI third country branch regime and how ALG can assist your firm, please contact Eoin O’Connor, Partner, Patrick Brandt, Partner, Eimear O’Brien, Partner, Louise Hogan, Partner or Sarah Lee, Senior Practice Development Lawyer.

Date published: 6 August 2026