Section 1: Tasks and scope of application

I.-The Autorité de contrôle prudentiel et de résolution is responsible for :

A.-In the banking, payment services and investment services sector:

1° Credit institutions ;

2° The following persons

a) Investment firms and branches of third-country firms referred to in Article L. 532-48 ;

b) Market undertakings;

c) Members of clearing houses other than the persons mentioned in Article L. 440-2, paragraph 6;

d) Persons authorised to carry out the activities of custody or administration of financial instruments referred to in 4° and 5° of Article L. 542-1;

e) Clearing houses;

3° Payment institutions and account information service providers;

4° Financial holding companies and mixed financial holding companies;

4° bis Mixed holding companies for the sole provisions applicable to them under Article L. 517-10;

4° ter Investment holding companies and EU parent investment holding companies;

5° Money changers;

6° The bodies mentioned in Article L. 511-6 (5) ;

7° The legal entities referred to in Article L. 313-21-1;

8° Electronic money institutions

9° Finance companies;

10° Parent undertakings of finance companies;

11° Mixed parent undertakings of finance companies for the sole purpose of the provisions applicable to them under Article L. 517-10;

12° Third-party financing companies referred to in 8 of Article L. 511-6, for their lending activity;

13° The central bodies mentioned in Article L. 511-30;

14° The approved professional associations referred to in I of Article L. 519-11.

The Autorité de contrôle prudentiel et de résolution supervises the provision of investment services by the persons referred to in 1° and 2° of this A, subject to the jurisdiction of the Autorité des marchés financiers to supervise rules of conduct and other professional obligations.

For the purposes of supervising the persons referred to in 3° and 8°, the Autorité de contrôle prudentiel et de résolution may seek the opinion of the Banque de France, as part of the supervisory duties conferred on it by I of Article L. 141-4 and the supervision of the security of access to payment accounts conferred on it by Article L. 521-8. In this context, the Banque de France may bring any information to the attention of the authority.

B.-In the insurance sector :

1° Undertakings engaged in direct insurance as referred to inArticle L. 310-1 of the Insurance Code and the undertakings referred to in the last paragraph of the same Article;

2° Reinsurance undertakings whose head office is located in France;

3° Mutual insurers and unions governed by Book II of the Mutual Code and unions managing the federal guarantee systems mentioned inarticle L. 111-6 of the Mutual Code, as well as the group mutual insurers mentioned in article L. 111-4-2 of the same code;

4° (repealed)

5° The provident institutions and unions governed by Title 3 of Book 9 of the Social Security Code, as well as the social protection insurance group companies mentioned in Article L. 931-2-2 of the same code;

6° Insurance group companies and mixed insurance group companies referred to inArticle L. 322-1-2 of the Insurance Code;

7° (Deleted) ;

8° The securitisation vehicles mentioned inArticle L. 310-1-2 of the Insurance Code;

9° The supplementary professional retirement funds mentioned in article L. 381-1 of the Insurance Code;

10° Mutual insurers or unions for supplementary professional retirement mentioned in article L. 214-1 of the Mutual Code;

11° Institutions for supplementary occupational retirement mentioned in article L. 942-1 of the Social Security Code;

12° Approved professional associations referred to in I of article L. 513-3 of the French Insurance Code.

II - The AMF may subject to its supervision :

1° Any person who has received an underwriting or management mandate from an organisation engaged in insurance transactions, or who subscribes to a group insurance contract, or who engages, in any capacity whatsoever, in insurance or reinsurance intermediation as referred to inArticle L. 511-1 of the Insurance Code;

2° Any person who mediates, directly or indirectly, between an organisation mentioned in 3° or 4° of B and a person wishing to join or become a member of this organisation;

2° bis Any person who mediates, directly or indirectly, between an organisation referred to in 10° of B of I and a person wishing to join or become a member of that organisation;

3° Any intermediary in banking transactions and payment services;

4° Any intermediary in participative financing.

Where it has supervised one of the persons mentioned in 1° to 4° of this II, Section 2 of Chapter III of this Title shall apply.

III.The Autorité de contrôle prudentiel et de résolution is responsible for ensuring that the persons mentioned in I and II operating in France under the freedom to provide services or the freedom of establishment, or performing obligations arising from contracts concluded under either of these regimes, comply with the provisions applicable to them, taking into account the supervision exercised by the competent authorities of the Member State in which they have their head office, which are solely responsible for examining their financial situation, operating conditions, solvency, liquidity and their ability to meet at all times their commitments to their policyholders, members, beneficiaries and reinsured undertakings.