Where the parent undertaking of a credit institution or a finance company is a credit institution, an investment firm, a financial holding company, a mixed financial holding company or a parent undertaking of a finance company which has its registered office in a State which is not a party to the Agreement on the European Economic Area, the Autorité de contrôle prudentiel et de résolution shall verify, on its own initiative or at the request of the parent undertaking or a regulated entity authorised in a Member State or another State party to the Agreement on the European Economic Area, that this credit institution or finance company is subject to consolidated supervision by a supervisory authority in the third country which is equivalent to that applicable in France.
To this end, the Autorité de contrôle prudentiel et de résolution consults the European Banking Authority and the relevant competent authorities of the other Member States of the European Union or the other States party to the Agreement on the European Economic Area.
In the absence of equivalence, the provisions relating to consolidated supervision applicable in France are applied to the credit institution or finance company.
The Autorité de contrôle prudentiel et de résolution may also use other methods to ensure equivalent consolidated supervision, after approval by the competent authority likely to be responsible for consolidated supervision for the European Economic Area and consultation with the other competent authorities concerned in a Member State or in another State party to the Agreement on the European Economic Area. In particular, it may require the establishment of a financial holding company or a mixed financial holding company having its registered office in a Member State or in another State party to the Agreement on the European Economic Area. The Autorité de contrôle prudentiel et de résolution shall notify the European Banking Authority and the European Commission of its method of consolidated supervision.