Where the Autorité de contrôle prudentiel et de résolution or the Autorité des marchés financiers has clear and demonstrable grounds for believing that an investment service provider operating under the freedom to provide services or with a branch in mainland France, Guadeloupe, Guyana, Martinique, La Réunion, Mayotte or Saint-Martin is in breach of the legal or regulatory obligations for which the home state authority is competent, it shall report the matter to the home state authority.
If, despite the measures taken by the competent home state authority or because of the inadequacy of those measures, the investment service provider concerned continues to act in a manner that is clearly prejudicial to the interests of investors resident or established in France or to the orderly functioning of the markets, the Autorité de contrôle prudentiel et de résolution or the Autorité des marchés financiers, as the case may be, after informing the competent authority of the home country, shall take all necessary measures to protect investors and preserve the orderly functioning of the markets, including, where appropriate, prohibiting the service provider concerned from continuing to provide services in mainland France, Guadeloupe, French Guiana, Martinique, La Réunion, Mayotte and Saint-Martin.
The Autorité des marchés financiers may refer the matter to the European Securities and Markets Authority pursuant to Article 19 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority).