I.-Any person subject to supervision by the Autorité de contrôle prudentiel et de résolution pursuant to B of I of Article L. 612-2 of the Monetary and Financial Code, with the exception of the undertakings referred to in 1° of III of Article L. 310-1-1 of this Code, and planning to open a branch or to carry on business under the freedom to provide services, in accordance with the provisions of Article L. 321-11, shall notify its plans to the Autorité de contrôle prudentiel et de résolution, together with the documents listed by the Autorité in accordance with the conditions set out inArticle R. 612-21 of the Monetary and Financial Code.
If the Autorité considers that the conditions referred to in Article L. 321-11 have been met, it shall send the competent authorities of the host Member State the documents referred to in the previous paragraph, with the exception of those relating to the competence and good repute of the general representative in the case of branches. It shall also provide the competent authorities of the host Member State with a statement certifying that the undertaking possesses the Solvency Capital Requirement and the Minimum Capital Requirement.
The Autorité de contrôle prudentiel et de résolution shall notify the applicant of the communications provided for in the second paragraph, which may then commence its activities within the time limits and under the conditions laid down by an order of the Minister responsible for the economy.
The deadline for notifying the authorities of the host Member State of the information referred to in the second paragraph runs from receipt by the Autorité de contrôle prudentiel et de résolution of a complete file. This period is three months for an application to establish a branch and one month for an application to operate under the freedom to provide services.
II – The Autorité de contrôle prudentiel et de résolution must be notified of any proposed change to the nature of or conditions for carrying on business under the freedom of establishment or the freedom to provide services authorised in accordance with the provisions of Article L. 321-11, together with those documents mentioned in the first paragraph of I that are affected by the proposed change. This notification must be made at least one month before the change is made.
Where the person is operating under the freedom of establishment regime, it shall also simultaneously notify its proposed amendment to the competent authorities of the Member State of the European Union within whose territory its branch is located.
If the AMF considers that the conditions referred to in Article L. 321-11 are still met, it shall send the competent authorities of the Member State concerned, within one month of the notification referred to in the previous paragraph, the documents referred to in that paragraph, with the exception, where applicable, of the documents relating to the competence and good repute of the general representative in the case of branches, and the certificate referred to in the second paragraph of I. It notifies the company concerned of this communication. The proposed change may be made as soon as the applicant has received this notification.
III – Where the Autorité de contrôle prudentiel et de résolution refuses to communicate the information referred to in the second paragraph of I and II to the competent authorities of the Member State concerned, it shall notify the applicant of this fact and the reasons for the refusal within the time limits referred to in the third paragraph of I and the second paragraph of II. The Autorité de contrôle prudentiel et de résolution shall inform the European Commission, where appropriate, of the number and type of communications refused pursuant to this paragraph.
IV – Where the Autorité de contrôle prudentiel et de résolution has required a recovery plan under the conditions mentioned inArticle L. 612-32 of the Monetary and Financial Code, it shall refrain from communicating to the competent authorities of the Member State concerned the information mentioned in the second paragraph of I and II until such time as it considers that the situation of the applicant has been restored.