I. – A branch of a credit institution referred to in I of Article L. 511-10 or a branch of a third-country undertaking referred to in Article L. 532-48 may be subject to one or more of the measures referred to in paragraph 2 of sub-section 10 of this section where:
1° It is not subject to a resolution procedure of a State that is not a member of the European Union or the resolution college has opposed the recognition or execution of the resolution procedure pursuant to VII of Article L. 613-62 ;
2° The collège de résolution considers that such a measure is justified with regard to the resolution objectives mentioned in 4° of II of Article L. 612-1 and when one or more of the following conditions are met:
a) The branch no longer complies or is likely to no longer comply with the conditions of its authorisation or is no longer or will no longer be able to continue its business, and there is no reasonable prospect that any other measure of a private or prudential nature or decided by the authorities of the non-EU Member State concerned will enable it to comply with these conditions or prevent its failure within a reasonable period of time ;
b) The resolution college considers that the obligations to creditors within the European Union of the credit institution or investment firm to which the branch belongs, including the obligations arising from the activity of this branch, will not be honoured and that this credit institution or investment firm will not be subject within a reasonable period of time in the country where it is established to any of the measures mentioned in Article L. 613-31-2 ;
c) The resolution authority of the non-EU Member State concerned has subjected the credit institution or investment firm established in its territory to which the branch belongs to a resolution procedure or has notified the resolution college of its intention to do so.
II. – The measures taken by the resolution college pursuant to I are subject to the provisions of Articles L. 613-45-1 and L. 613-50-4 and, where applicable, Articles L. 613-47 and L. 613-50.