The Autorité de contrôle prudentiel et de résolution may require a Class 2 or Class 3 investment firm to comply with a specific liquidity requirement where, on the basis of the controls and examinations carried out in accordance with Article L. 533-2-3, it finds that a Class 2 investment firm or a Class 3 investment firm that has not been exempted from the liquidity requirement in accordance with Article 43(1) of Regulation (EU) 2019/2033 is in one of the following situations:
1° The investment firm is exposed to a liquidity risk or to elements of liquidity risk which are not significant and which are not covered or not sufficiently covered by the liquidity requirement provided for in Part 5 of the same Regulation;
2° The investment firm does not meet the requirements provided for in Articles L. 533-2-2 and L. 533-29, and it is unlikely that other measures will sufficiently improve the systems, processes, mechanisms and strategies within an appropriate timeframe.
An Order of the Minister responsible for the economy shall specify the conditions under which a liquidity risk or risk components are considered not to be covered or insufficiently covered by the liquidity requirement, the specific level of liquidity set by the Autorité de contrôle prudentiel et de résolution, the nature of the liquid assets used to meet the specific liquidity requirements and the terms and conditions surrounding the Autorité’s decision to impose a specific liquidity requirement.