Notice On Provision Of Powers To The Fsa As Well As On Appeal (The Notice Of Delegation)

Original Language Title: Bekendtgørelse om henlæggelse af beføjelser til Finanstilsynet samt om klageadgang (Delegationsbekendtgørelsen)

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Overview (Table of Contents)

Publication of the financial authority for the SEC and on the draft notice (Delegation Order)

I pursuant to section 371 in the Act of financial activities, cf. Law Order no. 376 of 22. May 2008, and Article 130, in the Law on investment associations and special associations, as well as other collective investment schemes, etc., cf. Law Order no. 1499 of 12. December 2007 :

§ 1. Befeys, who are charged with the Finance and Business Minister, are carried out by the Financial supervision, cf. however § 2 :

1) Finance Company Law, cf. Law Order no. 376 of 22. 1 May 2007, as last amended by Section 1 of law no. 517 of 17. June 2008.

2) Insurance intermediation Law, cf. Law Order no. 401 of 25. April 2007, as last amended by Section 5 of Law No 517 of 17. June 2008.

3) Promise of cross-border credit transfers, cf. law no. 237 of 21. April 1999, as amended by Section 5 of Act 5. 365 of 19. In May 2004.

4) Law on investment associations and special associations as well as other collective investment schemes, etc., cf. Law Order no. 1499 of 12. In December 2007, as last amended by Section 6 of Law No 517 of 17. June 2008.

5) The promise of mortgages and mortgage bonds, etc., cf. Law Order no. 1412 by 10. In December 2007, as last amended by Section 3 of Law No 517 of 17. June 2008.

6) Promise of a shipbuilding institute, cf. Law Order no. 1376 of 10. December 2007.

7) The Act on the supervision of company pension funds, cf. Law Order no. 1561 of 19. In December 2007, as last amended by Section 4 of Law No 517 of 17. June 2008.

8) The promise of securities trading, etc., cf. Law Order no. 214 of 2. April 2008, as last amended by Section 2 of Law No 515 of 17. June 2008.

9) Law on approved auditors and auditing companies, cf. law no. 468 of 17. However, June 2008.

Section 2. The Finance and Industry Minister continues to exercise the following powers :

1) In the Act of financial enterprise :

a) The gingy to after section 43 (3).  2, laying down rules of good practice.

b) The Table of the Table for after section 43 (3).  3, to lay down rules on price information for financial services.

c) The glance for after section 204 (4).  1, allow the merger of two or more financial institutions whose share of the total working capital of the financial institutions (deposits + issued bonds and other funds + own funds) each comprise more than 4%. and the power to allow the merger of two or more real credit institutions.

d) The glance for after paragraph 215 (3).  1 to approve changes in the bylaws of a association which has been a credit institution.

e) The Table of the Befulsion to after section 245 (3).  ONE, TWO. PC, in collaboration with the tax minister, to appoint members for the Board of values.

f) Befing to after section 333 a (3).  1, 3 and 4, to designate members and alternates to the Money and Pension panel.

g) The box of the Table for after section 333 (a) (1).  5, to lay down the Rules of Procedure of the Pensionary and Pension panel.

h) The appointment of the Table for after section 344 (3).  6, to lay down rules for the Financial Services procedures in accordance with Community law.

i) The Table of the Table for after section 345 (3).  1 and 3-5, designate members, alternates, and in particular experts to the Financial Businesses.

j) Befulsion to after section 345 (3).  12, to lay down the Rules of Procedure for the Financial Businesses.

k) The Table of the Table for after section 356 (2).  1, allow the employees of the Financial Services to operate self-employed.

l) The Table of the Befeskelsen after paragraph 356 (s).  2, preparing guidelines for the reporting of assets positions for the Director of the Financial Supply Director and others

m) The wing of the following section 356 (2).  3, to allow the Director of the Financial supervision, credits, etc., and to prepare guidelines for the approval of the Finance Supply employees ' loans and so on

n) Table-eyed for after section 371 set rules for complainal action, etc.

2) In the case of insurance dissemination :

a) Table-eyed Section 19 (1).  2, establishing rules for good practice.

3) In the Law on investment associations and special associations and other collective investment schemes, etc. :

a) Befing to after section 18 (s).  2, laying down rules of good practice.

b) The Table of the Table for after section 116 (4).  2, to lay down rules for the Financial Services procedures under Community law.

c) The Table of Beffering to set rules for complaineads, etc.

4) In the Act on mortgage credit and mortgage bonds, etc. :

a) Befgelsen to approve fees for fees, deposits and consecutive contribution to administration and reserve fund-building for loans to which the payment is granted ; State aid.

5) In the Act of a Shipping Finance Institute :

a) The Table of the Table for after section 7 (4).  4, to approve decisions in connection with conversion.

b) The Table of the Table for after section 7 (3).  5, approving the shareholder Agreement

c) The glance for after section 10, 2. PC, to oppose a subsequent transfer of assets and obligations of the stock company.

d) The Table of the Asset ' s Table for after section 13 (3).  3, designate a member of the Administrative Board of the Traders Fund.

6) In the Act on the supervision of business pension funds :

a) The glance for after paragraph 6 a, paragraph  2, establishing rules for good practice.

7) In the Act on securities trading, etc. :

a) Table-eyed Section 3, paragraph 3.  2, laying down rules of good practice.

b) The Table of the Table for after section 60 (s).  3. The decision to provide information to a public authority should be determined to provide information to a public authority.

c) Befing to enter the following section 77 (2).  2, to appoint members and delegates to the Board of Appeals for Securities Centers.

d) The Table of the Table for after Article 84 (3).  1, 4 and 5, to appoint members and alternates to the Fund Council.

e) The Table of the Table for after Article 84 (3).  10, to approve the Rules of Procedure of the Fund of the Fund.

f) The Table of Procedure, after section 127 (a) (1).  FOUR, ONE. point, to appoint the chairman of the Board of Directors of the securities and other board members.

8) In the Act of a terrorist insurance scheme in the field of injury :

a) Befing to after section 5 (s).  1 to determine the limit on the entry into force of the reinsurance guarantee.

b) The Table of the Table for after Section 5 (5).  3, to change the size of the annual risk premiums to the Danish State.

c) The Table of the Table for after Section 6 (3).  2, to lay down detailed rules for the legal entity.

d) The glance for after paragraph 7 (3).  1, to reduce the Terrorist Insurance Council.

e) The Table of the Table for the following section 7 (3).  2, to establish the Rules of Procedure of the Terrorist Council of the Rules of Procedure.

f) The Table of Procedure, after paragraph 9 (2) ;  2, to receive notifications concerning the substitution requirements from the legal entity.

g) The glance to set the time of the Act entry into force.

9) Law No 467 of 17. June 2008 for the Faeroe Islands for information to be sent for payment by wire transfers.

a) Befing to set the time of the law. entry into force.

10) I Law No 512 of 17. June 2008 amending the Act of Preventive Measures for Preventive Action against the laundering of yield and financing of terrorism and the law on financial activities.

a) Befskelsen to determine the time of entry into force of the law.

section 3. Decisions that have been taken by the Financial supervision by the authority under Section 1, no. On 1 and 4, the decision to which the decision may be obtained shall be submitted to the Acquisility Board within four weeks of the notification to the person concerned.

section 4. The Bekendstatement shall enter into force on 1. September 2008.

Stk.  2. At the same time, notification no. 1094 of 18. September 2007, laying down powers for the SEC and the Executive Order of Finance (Delegation Order).

Finance and ErCorporate Ministry, 28. August 2008Bendt Bendtsen / Carsten Brogaard