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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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Table of Contents

Publication of the closure of powers to the SEC and the Executive Order of the Financial Regulation (Delegation Order)

Under Section 371, in the Act of Finance, cf. Law Order no. 467 of 29. April 2010, and Article 130, in the Law on Investment Associations and Special Associations, as well as other collective investment schemes, etc., cf. Law Order no. 904 of 5. In July 2010 :

§ 1. Exasions which, according to the following laws, have been paid to the Finance and Business Minister, are carried out by the Financial supervision, cf. however, Section 2 :

1) Promise of financial undertaking, cf. Law Order no. 467 of 29. April 2010, as last amended by Section 16 of Law No 724 of 25. June 2010.

2) Insurance intermediation code, cf. Law Order no. 930 of 18. September 2008, as last amended by section 27 of Law No 718 of 25. June 2010.

3) Law on investment associations and special associations as well as other collective investment schemes, etc., cf. Law Order no. 904 of 5. July 2010, as last amended by Section 29 of Law No 718 of 25. June 2010.

4) Law on mortgages and mortgage bonds, etc., cf. Law Order no. 898 of 4. September 2008 as last amended by Section 31 of Law No 1. 718 of 25. June 2010.

5) Promise of a shipbuilding institute, cf. Law Order no. 1376 of 10. In December 2007, as last amended by Section 17 of Law No 724 of 25. June 2010.

6) Law on the supervision of company pension funds, cf. Law Order no. 1561 of 19. In December 2007, as last amended by Section 28 of Law No 718 of 25. June 2010.

7) Act on securities trading, etc., cf. Law Order no. 795 of 20. 1 August 2009, as last amended by Section 18 of Law No 1. 724 of 25. June 2010.

8) Promise of authorised auditors and auditors, cf. law no. 468 of 17. June 2008, as last amended by section 24 of the Act 718 of 25. June 2010.

9) Law on payment services, cf. law no. 385 of 25. May 2009, as last amended by Section 26 of Law No 718 of 25. June 2010.

§ 2. However, the Economic and Economic Affairs Minister shall continue to exercise the following powers :

1) In the law of financial activities :

a) The gingy for after paragraph 43 (5). 2, to lay down rules of good practice.

b) The gingy for after paragraph 43 (5). 3, to lay down rules on price information for financial services.

c) The reference to paragraph 77 (a) (a), 3, to lay down detailed rules for the remuneration of members of the management and the variable pay.

d) The gingy of the following 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 association of two or more mortgage institutions to be combined.

(e) The following paragraph shall be referred to in paragraph 215. 1 to approve changes in the bylaws of a association which has been a mortgage credit institution.

(f) The following paragraph shall be referred to in Article 245 (2). ONE, TWO. PC, in collaboration with the tax minister, to appoint members for the Board of values.

g) The reference to paragraph 247 g, paragraph 1. THREE, ONE. Act. to approve the transfer of whole or part of the penalty's obligation under section 247 a and registered assets covered by section 247 b to another credit institution if the transfer amounts to more than 4%. of the working capital (deposits + issued bonds, etc. + left capital + own funds).

(h) The reference to the following section : 333 (a), 1, 3 and 4, to designate members and alternates to the Money and Pension panel.

i) The reference to the following section : 333 (a), 5, to lay down the Rules of Procedure of the Pensionary and Pensionary Board.

j) The gingy of the following section 344 (3). 6, to lay down rules on the Financial-style procedures in accordance with Community law.

c) The gingy of the following section 345 (3). 1 and 3-5, designate members, alternates, and in particular experts to the Financial Business Enterprise.

I) The gingy of the following section 345 (3). 12, to lay down the Rules of Procedure for the Financial Corporate Council.

m) The flag of entry after section 345 (a) to approve fees for fees, deposits and consecutive contribution to administration and reserve fund-building, etc. for loans financed with mortgage bonds, in particular covered mortgage bonds, or in particular covered debt securities and for which State aid is granted, except for loans in the area of land use.

n) The reference to the following section 356 (3). 1, allow the employees of the Finance-synet to operate self-employed.

o) The reference to the following section 356 (3). 2, to draw up guidelines on the reporting of capital records for the Director of the Financial Supply Director, and others.

p) The reference to the following section 356 (3). 3, to allow the Director of the Financial supervision to include loans and so on and to prepare guidelines for the approval of the Finance-synet employees ' loans and so on.

q) The following paragraph 371 shall be set up to lay down rules on the procedure for complainal and so on.

2) In the law on insurance dissemination :

a) The reference to paragraph 19 (1) of the following paragraph : 2, to lay down rules of good practice.

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

a) The appointment of the following section of section 18 (2). 2, to lay down rules of good practice.

b) The following paragraph shall be referred to in section 116 (1). 2, to lay down rules on the Financial-style procedures in accordance with Community law.

c) The following paragraph shall be set to set rules for the procedure for complainal and so on.

4) In the area of mortgages and mortgage bonds, etc. :

a) The following section shall be eligible for fees, deposits and consecutive contribution to administration and reserve fund-building for borrowing, for which State aid is granted.

b) The reference to paragraph 33 (3). 2 allow the transfer of a series or groups of series of series with a series of reserves.

c) The reference to paragraph 33 (3). 4 to decide as to whether the series or groups of series of series with the seriervevefund may be transferred in accordance with the proposed proposal.

5) In the law of a shipbuilding institution :

a) The gingy of the following section 7 (3). 4, to approve decisions in connection with transformation.

b) The gingy of the following section 7 (3). 5, approving the shareholder agreement.

c) The gingy for after § 10, 2. PC, to oppose a subsequent transfer of assets and liabilities of the stock company.

d) The gingestion of the following section 13 (3). 3, designate a member of the Executive Board of the Opera Fund.

6) In the law on the supervision of company pension funds :

a) The following paragraph shall be referred to in Article 6 (1) (a). 2, to lay down rules of good practice.

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

a) The following paragraph shall be set in accordance with section 3 (3). 2, to lay down rules of good practice.

b) The glance for after paragraph 60 (2). 3. The decision to provide information to a public authority is to be determined by a security central to a specific scope.

c) The reference to the following section 77 (2). 2, to appoint members and delegates to the Board of Appeal for Securities Centers.

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

(e) The gingy for after Article 84 (4). 10, to approve the Rules of Procedure of the Fund.

(f) The following paragraph shall be referred to in paragraph 127 (a), FOUR, ONE. point, to appoint the chairman of the Board of Directors of the securities and the other board members.

8) In the law on payment services :

a) The eye-eye for after paragraph 1 (1). THREE, TWO. Act. to lay down additional rules for certain types of services.

b) The table of the following section 80 (2). 3, to lay down detailed rules on how the price of the annual subscription is calculated.

c) The table of the following section 80 (2). 9, to lay down detailed rules on the special arrangements which will be concluded.

d) The table of the following section 80 (2). 10, 1. Act. to decide that Section 80 does not apply to international payment instruments.

(e) The table of the following section 80 (2). 10, 2. Act. to lay down additional rules for international payment instruments.

(f) The gingy for after Article 84 (4). 2, to lay down detailed rules on refine business practices and good practices for undertakings providing payment services.

g) The gingy for after Article 85 (3). 5, to determine the first paragraph of the paragraph. 3 is to be departed from research purposes.

(h) The gingy for after Article 85 (3). 6, to lay down rules for treatment abroad by the Member (1). 3 mentioned information.

i) The gingy of the following section 100, paragraph 1. 2, to lay down detailed rules for the determination of the payment and the levying of the consumer and of the Competition Management Board of the Contest.

§ 3. Decisions taken on the Financial supervision by the Authority pursuant to section 1, no. The decision shall be submitted to the Board of Acquirees at the latest four weeks after the decision has been notified to the person concerned.

§ 4. The announcement shall enter into force on 1. September, 2010.

Paragraph 2. At the same time, notice No 1075 of 17. Nov 2009 on the submission of powers to the SEC and on the draft Executive Order of the Financial Regulation (Delegation Order).

The Ministry of Economic and Business, the 30. August 2010

Brian Mikkelsen

/ Jens Lundager