I. – Any credit institution having its registered office in France and wishing to establish a branch in another Member State shall notify the Autorité de contrôle prudentiel et de résolution of its plans, together with information of a nature to be determined by the Minister responsible for the economy.
If the branch is not a major credit institution and if the Autorité de contrôle prudentiel et de résolution has no reason to doubt the adequacy of the administrative structures or the financial situation of the credit institution in the light of the plan, it shall, within three months of receiving the information in a proper manner, forward it to the competent authority of the host Member State and notify the institution concerned.
Where the Autorité de contrôle prudentiel et de résolution refuses to communicate the information referred to in the previous paragraph to the competent authority of the host Member State, it shall inform the institution concerned of the reasons for its refusal within three months of regular receipt of that information.
Where the Member State in which the credit institution intends to establish a branch is a participating Member State, the three-month period referred to in the previous two paragraphs is reduced to two months.
II. – Credit institutions with their registered office in France wishing to carry out their activities for the first time in the territory of another Member State under the freedom to provide services are required to make a declaration to the Autorité de contrôle prudentiel et de résolution. This declaration must be accompanied by information of a nature determined by the Minister responsible for the economy.
III. – An order of the Minister responsible for the economy shall determine, on the one hand, the information that must be communicated to the Autorité de contrôle prudentiel et de résolution prior to a change in the situation of the institution and, on the other hand, the conditions under which this information, as well as that mentioned in I and II, is communicated to the competent authority of the host Member State.