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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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=133207

Notice on provision of powers to the FSA as well as on appeal (the notice of delegation) under section 371 of the financial business Act, see. lovbekendtgørelse nr. 467 of 29. April 2010, and section 130 of the Act on investment associations and special associations and other collective investment schemes, etc., see. lovbekendtgørelse nr. 904 of 5. July 2010, fixed: § 1. Powers, as subsequent laws is vested in the Minister for economic and business affairs, exercised by the Danish financial supervisory authority, without prejudice to article. However, section 2:1) financial business Act, see. lovbekendtgørelse nr. 467 of 29. April 2010, as last amended by section 16 of Act No. 724 of 25. June 2010.
2) law on insurance mediation, see. lovbekendtgørelse nr. 930 of 18. September 2008, as last amended by section 27 of Act No. 718 of 25. June 2010.
3) law on investment associations and special associations and other collective investment schemes, etc., see. lovbekendtgørelse nr. 904 of 5. July 2010, as last amended by section 29 of Act No. 718 of 25. June 2010.
4) law on mortgage loans and mortgage bonds, etc., see. lovbekendtgørelse nr. 898 of 4. September 2008, as last amended by section 31 of Act No. 718 of 25. June 2010.
5) law on a ship's financial regulation. lovbekendtgørelse nr. 1376 of 10. 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, without prejudice. lovbekendtgørelse nr. 1561 by 19. December 2007, as last amended by section 28 of Act No. 718 of 25. June 2010.
7) law on securities trading, etc., see. lovbekendtgørelse nr. 795 of 20. August 2009, as last amended by section 18 of Act No. 724 of 25. June 2010.
8) law on approved Auditors and audit firms, see. Act No. 468 of 17. June 2008, as last amended by section 24 of Act No. 718 of 25. June 2010.
9) Law on payment services, see. Act No. 385 of 25. May 2009, as last amended by section 26 of Act No. 718 of 25. June 2010.
§ 2. The Minister for economic and business affairs shall exercise the following powers: 1) remain in the financial business Act: a) the power to under section 43, paragraph 2, to lay down the rules on best practices.
(b)) the power to under section 43, paragraph 3, to lay down rules about price information for financial services.
(c) pursuant to section 77 (a) power of), (3) to lay down detailed rules on the remuneration of Executive Board members and variable wage components.
d) power for under section 204, paragraph 1, to allow the aggregation of two or more financial institutions whose share of financial institutions ' total working capital (deposits + issued bonds, etc. + subordinated capital + equity) each of which constitutes more than 4 per cent and the power to allow aggregation of two or more mortgage companies.
e) Power to under section 215, paragraph 1, to approve changes in the statutes of an association that has been a mortgage lender.
f) Power to under section 245 (1), (2). section, in cooperation with the tax Minister to appoint members to the valuation Tribunal.
g) Power to pursuant to section 247 (g) (3) 1. item to approve the transfer of all or parts of the estate's obligation pursuant to section 247 (a) and registered assets subject to section 247 (b) to another credit institution, if the transfer is more than 4 per cent of the working capital (deposits + issued bonds, etc. + subordinated capital + equity).
h) Power to under section 333 (a), paragraphs 1, 3 and 4, to appoint members and alternate members of the money and pension Panel.
in) the power to under section 333 (a), paragraph 5, to lay down the money and pension Panel rules of procedure.
j) Power to pursuant to section 344, paragraph 6, to lay down rules for FSA procedures in accordance with the rules of Community law.
k) the power to under section 345 (1) and 3-5, to appoint members, alternates and experts in particular in the financial business Council.
l) Power to under section 345, paragraph 12, to establish rules of procedure for The Financial Business Council.
m) Power to under section 345 (a), to approve rates for fees, deposits and continuous contribution to administration and reservefonds building, etc. for loans financed with mortgage bonds, covered mortgage bonds or special covered bonds, and qualifying for State aid, except for loans in the agricultural area.
n) Power to under section 356, paragraph 1, to allow FSA employees to engage in self-employment.
o) Power to under section 356, (2) to draw up guidelines for the provision of property dispositions for FSA Director m. fl.
p) Power to under section 356, paragraph 3, to allow the Director of FSA recorder loans, etc., as well as to draw up guidelines for the approval of the FSA employee loans, etc.
q) Power to under section 371 to lay down rules concerning the right of appeal, etc.
2) of the law on insurance mediation: a) the power to under section 19, paragraph 2, to lay down the rules on best practices.
3) of the Act on investment associations and special associations and other collective investment schemes, etc.) the power to: (a) under section 18, paragraph 2, to lay down the rules on best practices.
(b)) the power to under section 116, paragraph 2, to lay down rules for FSA procedures in accordance with the rules of Community law.
(c)) the power to under section 130, to lay down rules concerning the right of appeal, etc.
4) of the law on mortgages and mortgage bonds, etc.) the power to: (a) under section 15, to approve rates for fees, deposits and continuous contribution to administration and reservefonds structure of loans qualifying for State aid.
(b)) the power to under section 33 (2) to allow the transfer of a series or groups of series with series reserve fund.
(c)) the power to under section 33, paragraph 4 to decide whether series or groups of series with series reserve fund may be transferred in accordance with the proposals put forward.
5) of the law on financial institutions: (a) a ship) the power to under section 7, paragraph 4, to approve decisions in connection with the transformation.
(b)) the power to under section 7, paragraph 5, to approve the shareholder agreement.
(c)) the power to under section 10, 2. paragraph, to oppose a later transfer of stock the company's assets and liabilities.
d) power for under section 13, paragraph 3, to appoint a member to the Board of Directors for the trader Fund.
6) of the law on the supervision of company pension funds: a) the power to pursuant to section 6 (a), paragraph 2, to lay down the rules on best practices.
7) of the law on securities trading, etc.) the power to: (a) under section 3, paragraph 2, to lay down the rules on best practices.
(b)) the power to under section 60, paragraph 3, to determine that a central securities depository in a defined extent must supply information to a public authority.
(c)) the power to under section 77, paragraph 2, to appoint the members and alternates to the Board of appeal for central securities depositories.
d) power for under section 84, paragraph 1, 4 and 5, to appoint the members and alternate members of the Danish securities Council.
e) Power to under section 84, paragraph 10, to approve the Council's rules of procedure.
f) Power to under section 127 (a), (4) 1. paragraph, to appoint the President of the Board of Directors of the central securities depository, as well as the other Board members.
8) of the Act on payment services: a) the power to pursuant to section 1, paragraph 3, 2nd paragraph, to lay down additional rules for specific types of services.
(b)) the power to under section 80, paragraph 3, to lay down detailed rules concerning the manner in which the price of the annual subscription shall be calculated.
(c)) the power to under section 80, paragraph 9, to lay down detailed rules concerning the special arrangements that will be concluded agreement.
d) power for under section 80, paragraph 10, 1. point to provide that section 80 does not apply to international payment instruments.
e) Power to under section 80, paragraph 10, 2. point to lay down additional rules for international payment instruments.
f) Power to under section 84, paragraph 2, to lay down detailed rules on fair business practice and good practice for companies that provide payment services.
g) Power to under section 85, paragraph 5, to determine that paragraph 3 be permitted for research purposes.
h) Power to under section 85, paragraph 6, to lay down rules on the treatment abroad of the information referred to in paragraph 3.
in) the power to under section 100, paragraph 2, to lay down detailed rules concerning the fixing of the payment and the Consumer Ombudsman and the Competition Agency's collection thereof.
§ 3. Decisions taken by the FSA under the authority pursuant to § 1, nr. 1 and 4, of the which the decision addressed to, be referred to the EAB within 4 weeks after that decision is announced.
§ 4. The notice shall enter into force on the 1. September 2010.
(2). At the same time repealed Executive Order No. 1075 by 17. November 2009 concerning the provision of powers to the FSA as well as access to justice (Delegation order).

Economic and business affairs, the 30. August 2010 Brian M/Jens lacle