Article 38 Supervisory measures

Competent authorities shall require investment firms to take, at an early stage, the measures necessary to address the following problems:

1. (a)

   an investment firm does not meet the requirements of this Directive or of Regulation (EU) 2019/2033;

2. (b)

   competent authorities have evidence that an investment firm is likely to breach the national provisions transposing this Directive or the provisions of Regulation (EU) 2019/2033 within the next 12 months.