Consultation of the competent authorities of another member state of the European Union or another contracting state of the Agreement on the European Economic Area; Suspension or restriction of authorisation for undertakings with their seat in a third country

(1) Where authorisation is to be granted to a UCITS capital management company or an AIF capital management company that
1. is a subsidiary or sister undertaking of another EU management company or a foreign AIF management company, of an investment firm within the meaning of Article 4(1), point 1, of Directive 2014/65/EU, of a credit institution within the meaning of Article 4(1), point 1, of Regulation (EU) No 575/2013, or of an insurance undertaking, authorised in another member state of the European Union or another contracting state of the Agreement on the European Economic Area, or
2. is controlled by the same natural or legal persons who control an EU management company or a foreign AIF management company authorised in another member state of the European Union or another contracting state of the Agreement on the European Economic Area, an investment firm within the meaning of Article 4(1), point 1, of Directive 2014/65/EU, a credit institution within the meaning of Article 4(1), point 1, of Regulation (EU) No 575/2013, or an insurance undertaking, the Federal Institute must consult the competent authorities of the home state before granting the authorisation.
(2) The provisions of Article 15 of Directive 2004/39/EC apply correspondingly to the relations between UCITS capital management companies and third countries. For this purpose, the expressions "investment firm" and "investment firms" named in Article 15 of Directive 2004/39/EC are to be understood as "UCITS capital management company" and "UCITS capital management companies", respectively; the expression "provision of investment services" named in Article 15 of Directive 2004/39/EC is to be understood as "provision of services".