I.-Any financial contract entered into by a person referred to in I of Article L. 613-34 and governed by the legislation of a third country shall include a clause stipulating that the parties acknowledge that they may be subject to the exercise by the resolution college of the powers to suspend or restrict the rights and obligations referred to in II of L. 613-56-2, L. 613-56-4, L. 613-56-5 or L. 613-56-8 and agree to be bound by the requirements referred to in Articles L. 613-45-1 and L. 613-50-4.
The provisions of the first paragraph shall apply to financial contracts which, on the one hand, create a new obligation or substantially modify an existing obligation as from 28 December 2020 and, on the other hand, provide for the exercise of one or more rights to which Articles L. 613-45-1, L. 613-50-4, L. 613-56-4, L. 613-56-5, L. 613-56-8 or II of Article L. 613-56-2 would apply if the contracts in question were governed by the law of a Member State.
II.The persons mentioned in I of Article L. 613-34 who are parent undertakings in the European Union shall ensure that their subsidiaries established in a third country include in the financial contracts to which they are party, and which meet the conditions of the second paragraph of I, a clause excluding the exercise by the resolution college in respect of the parent undertaking of the powers to suspend or restrict its rights and obligations mentioned in II of Article L. 613-56-2 and Articles L. 613-56-4, L. 613-56-5 or L. 613-56-8 shall constitute grounds for exercising any right of early termination, suspension, amendment, set-off, reciprocal set-off or enforcement of security interests attached to such contracts.
The provisions of the first paragraph apply to subsidiaries which are credit institutions or investment firms, or which would be investment firms if they had their registered office in a Member State, or financial institutions, and which are linked to the parent undertaking in the Union by a cross-default clause or by a guarantee.
III – The absence of the clause required in I shall not prevent the collège de résolution from exercising the powers provided for in II of Article L. 613-56-2 and Articles L. 613-56-4, L. 613-56-5 and L. 613-56-8 in respect of the contract concerned.