I.-Any investment services provider other than a portfolio management company whose registered office is located in mainland France, Guadeloupe, French Guiana, Martinique, La Réunion, Mayotte and Saint-Martin and which is authorised to provide investment services pursuant to Article L. 532-1 that wishes to establish a branch in another Member State of the European Union or a State party to the European Economic Area, or to use a tied agent established in another Member State of the European Union or a State party to the European Economic Area in which it has not established a branch, shall notify its plans to the Autorité de contrôle prudentiel et de résolution in accordance with rules laid down by decree.
II.-In the case of investment firms, the draft referred to in I and the information provided for in Article L. 533-23 ensuring the protection of the branch’s clients shall be forwarded, within three months of receipt, to the competent authority of the host State designated as the contact point within the meaning of Article 79(1) of Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments, under the conditions and in accordance with the procedures laid down by decree. Transmission may be refused only if the Autorité de contrôle prudentiel et de résolution establishes that the administrative structures or financial situation of the investment firm do not allow the establishment of a branch or the use of a tied agent.
The investment firm concerned shall be notified of this transmission.
If the Autorité de contrôle prudentiel et de résolution refuses to communicate the information referred to in the first paragraph to the competent authority of the host country designated as the contact point, it shall inform the investment firm concerned of the reasons for its refusal within three months of receiving the information.
Upon receipt of the response from the competent authority of the host country designated as the contact point or, in the absence of a response from the competent authority of the host country designated as the contact point, upon expiry of a period of two months from the date of transmission by the Autorité de contrôle prudentiel et de résolution, the branch of the applicant investment firm may be established and commence business subject, where applicable, to meeting the specific conditions necessary for trading on a regulated market, or the tied agent may commence business.