Sub-sections 2, 3 and 4 of this section do not apply to class 3 investment firms.
Where a class 2 investment firm finds that it qualifies as a class 3 investment firm, subsections 2, 3 and 4 cease to apply to it at the end of a period of six months from the date on which the conditions for qualification as a class 3 investment firm are met. However, subsections 2, 3 and 4 shall cease to apply to the investment firm at the end of that period only if it has continued without interruption to meet the conditions for qualification as a class 3 investment firm and has informed the Autorité de contrôle prudentiel et de résolution accordingly.
Where a Class 3 investment firm becomes aware that it no longer qualifies as a Class 3 investment firm, it shall inform the Autorité de contrôle prudentiel et de résolution and comply with subsections 2, 3 and 4 within twelve months of the date on which the determination was made.
Class 2 and Class 3 investment firms shall apply the provisions of Article L. 533-30-8 to the remuneration paid for services provided or results obtained during the financial year following that in which the finding referred to in the third paragraph of this Article is made.
Where Article 8 of Regulation (EU) 2019/2033 is applied as well as subsections 2, 3 and 4, these shall apply to investment firms on an individual basis.
Where the prudential consolidation referred to in Article 7 of that Regulation is applied and subsections 2, 3 and 4 are applied, those subsections shall apply to investment firms on an individual and consolidated basis.
By way of derogation from the fifth subparagraph, subsections 2, 3 and 4 shall not apply to subsidiary undertakings included in a consolidated situation and which are established in third countries, where the investment firm, the investment holding company or the mixed financial holding company, which is the parent undertaking in the European Union, demonstrates to the Autorité de contrôle prudentiel et de résolution that such application is unlawful under the law of the third country in which those subsidiary undertakings are established.