A finance company’s authorisation may be withdrawn by the Autorité de contrôle prudentiel et de résolution at the company’s request.
It may also be decided ex officio by the Autorité in the following cases:
1° The company has obtained authorisation by making false declarations or by any other irregular means ;
2° The company no longer meets the prudential requirements set out in Part Three, Part Four or Part Six of Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013, with the exception of the requirements set out in its Articles 92a and 92b ;
3° The company does not comply with the additional capital requirements imposed in accordance with II of Article L. 511-41-3 ;
4° The company no longer fulfils the conditions or undertakings to which its authorisation or subsequent authorisation was subject or no longer offers the guarantee of being able to fulfil its obligations to its creditors and, in particular, no longer ensures the security of the funds entrusted to it by its depositors;
5° The company has not made use of its authorisation within twelve months or if it has not been in business for at least six months.
The Autorité de contrôle prudentiel et de résolution automatically withdraws the authorisation of a finance company if its registered office or central administration is transferred outside France.
Withdrawal of authorisation takes effect on expiry of a period determined by the Autorité de contrôle prudentiel et de résolution.
During this period :
1. The finance company remains subject to supervision by the Autorité de contrôle prudentiel et de résolution. The Autorité de contrôle prudentiel et de résolution may impose the disciplinary sanctions provided for in Articles L. 612-39 or L. 612-40, including deregistration.
2. The finance company may only carry out the credit transactions for which it is authorised and must limit the other activities mentioned in II of article L. 311-2 and articles L. 511-2 and L. 511-3.
3. The company may only refer to its status as a finance company by specifying that its authorisation is in the process of being withdrawn.