I. – For the purposes of the supplementary supervision provided for in Chapter III of Title III of Book VI, “group” means: a group referred to in III of Article L. 511-20 or an insurance group referred to in 5° of Article L. 356-1 of the Insurance Code or any sub-group of such groups.
II. – A group constitutes a financial conglomerate when the following conditions are met:
1° A regulated entity is at the head of the group or at least one of the group’s subsidiaries is a regulated entity and :
a) where a regulated entity is at the head of the group, it is either the parent undertaking of an entity in the financial sector, or an entity which holds a participation in an entity in the financial sector, or an entity linked to an entity in the financial sector ;
b) Where there is no regulated entity at the head of the group, the activities of the group are carried out mainly in the financial sector;
2° At least one of the entities in the group belongs to the insurance sector and at least one belongs to the banking or investment services sector;
3° The consolidated or aggregated activities of the entities in the group in the insurance sector, the consolidated or aggregated activities of the entities in the banking sector and in the investment services sector are significant;
III. – The following are set by order of the ministers responsible for the economy, social security and mutuality:
1° The thresholds above which the activities of a group are considered to be carried out principally in the financial sector;
2° The thresholds above which activity in each sector is considered significant;
3° The thresholds, criteria or conditions according to which the competent authorities concerned may decide by common accord not to regard the group as a financial conglomerate or not to apply to it the provisions relating to supplementary supervision.
IV. – Any subgroup of a group which fulfils the criteria set out in II shall be exempted from supplementary supervision if it belongs to a group identified as a financial conglomerate which is subject to supplementary supervision. However, the coordinator of the conglomerate or the coordinator likely to be designated in accordance with Article L. 633-2 for the supplementary supervision of the sub-group may, by a reasoned decision, submit the sub-group to supplementary supervision under conditions laid down by joint order of the ministers responsible for the economy, social security and mutuality.