I.-If the principal place of business of an insurance or reinsurance intermediary or an insurance intermediary on an ancillary basis registered in another Member State and carrying on business or likely to carry on business in France is located on French territory, the Autorité de contrôle prudentiel et de résolution may agree with the competent authority of the intermediary’s home Member State to act in relation to the intermediary as if it were the competent authority of the home Member State with regard to the application of the provisions of Title I of this Book, with the exception of Section I of Chapter I and Chapter II, Title II of this Book, Articles L. 112-2, L. 112-2-1 and L. 112-11 of this Code and Section 7 of Chapter II of Title I of Book VI of the Monetary and Financial Code. In this case, the Autorité de contrôle prudentiel et de résolution shall notify the insurance or reinsurance intermediary or the insurance intermediary on an ancillary basis and the European Insurance and Occupational Pensions Authority without delay of the conclusion of such an agreement.
The Autorité de contrôle prudentiel et de résolution shall verify that the services provided by an insurance or reinsurance intermediary or an insurance intermediary on an ancillary basis operating in France under the freedom of establishment comply with the obligations set out in Chapters V and VI of this Title, Title II of this Book, Articles L. 112-2, L. 112-2-1 and L. 112-11 as well as the regulatory provisions adopted for their application.
The AMF may examine the terms and conditions of establishment of the intermediary concerned and request any changes thereto so that it is in a position to ensure compliance with the obligations referred to in the previous paragraph with regard to the services and activities of the establishment in France.
II.If the principal place of business of an insurance or reinsurance intermediary or a secondary insurance intermediary registered in the register mentioned in I of Article L. 512-1 is located within the territory of another Member State, the Autorité de contrôle prudentiel et de résolution may agree with the competent authority of that other State that the latter shall act in respect of that intermediary as if it were the competent authority with regard to the application of the provisions of that State adopted for the transposition of Chapters IV, V, VI and VII of Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016. In this case, the Autorité de contrôle prudentiel et de résolution shall notify the insurance or reinsurance intermediary or the insurance intermediary on an ancillary basis and the European Insurance and Occupational Pensions Authority of the conclusion of such an agreement without delay.