Where the parent undertaking of an investment service provider other than a portfolio management company is a credit institution, an investment firm, a financial holding company, a mixed financial holding company or an investment holding company which has its registered office in a State which is neither a Member State of the European Union nor a party to the Agreement on the European Economic Area, the Autorité de contrôle prudentiel et de résolution shall verify, on its own initiative or at the request of the parent undertaking or of a regulated entity authorised in a Member State of the European Union or in another State party to the Agreement on the European Economic Area, that the investment service provider is subject to consolidated supervision by a third-country supervisory authority equivalent to that applicable in France.
To this end, the Autorité de contrôle prudentiel et de résolution shall consult the European Banking Authority and the relevant competent authorities of the other Member States of the European Union or the other States party to the Agreement on the European Economic Area.
In the absence of equivalent consolidated supervision, the provisions relating to consolidated supervision applicable in France are applied by analogy to investment services providers other than portfolio management companies.
The Autorité de contrôle prudentiel et de résolution may also use other methods to ensure equivalent consolidated supervision, after approval by the competent authority likely to be responsible for consolidated supervision in the European Economic Area and consultation with the other competent authorities concerned in a Member State or in another State party to the Agreement on the European Economic Area. In particular, it may require the establishment of a financial holding company, an investment holding company or a mixed financial holding company having its registered office in a Member State of the European Union or in another State party to the Agreement on the European Economic Area.
The Autorité de contrôle prudentiel et de résolution shall notify the other competent authorities concerned, the European Banking Authority and the European Commission of the measures taken under this Article.