I. – The threshold mentioned in the first paragraph of I of Article L. 511-47 is set on the basis of the book value of assets corresponding to trading activities in financial instruments at 7.5% of the balance sheet of the entity concerned.
For the purposes of this article, the book value of trading activities in financial instruments is either that of assets at fair value through profit or loss as defined by IAS 39 mentioned in Commission Regulation (EC) No 1126/2008 of 3 November 2008 or, where the institution is not subject to international accounting standards, that of trading securities.
II. – Where the credit institution, financial holding company or mixed financial holding company mentioned in I of Article L. 511-47 belongs to a group which is supervised by the competent authority on a consolidated basis, the threshold set in I of this Article is assessed on the basis of the consolidated financial position of this group or of the central body and the entities it consolidates in the case of mutual groups.
III. – If the threshold is exceeded, the institution or financial holding company shall identify, within six months of the end of the financial year in which the threshold is exceeded, those of its activities that are to be transferred to a subsidiary pursuant to Article L. 511-47 and shall fulfil the obligations set out in Article L. 511-49 within the same period. It shall set up the subsidiary within twelve months of the closing date mentioned above.