Law Amending The Law On Financial Business, Law On Securities Trading, Etc., Act On Prevention Of The Laundering Of Proceeds And The Financing Of Terrorism And Various Other Laws As Well As The Repeal Of Law On Banknotes In Greenland (Appropriation Of

Original Language Title: Lov om ændring af lov om finansiel virksomhed, lov om værdipapirhandel m.v., lov om forebyggende foranstaltninger mod hvidvask af udbytte og finansiering af terrorisme og forskellige andre love samt ophævelse af lov om pengesedler i Grønland(Bevilling af

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Law amending the law on financial business, law on securities trading, etc., Act on prevention of the laundering of proceeds and the financing of terrorism and various other laws as well as the repeal of law on banknotes in For)

(Appropriation of exposures, the compulsory use of Danish accounting rules, authorisation and supervision over auction platform for the trading of CO2 allowances and common data centres, etc.)

WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed:

The Danish Parliament has adopted and we know Our consent confirmed the following law:

§ 1

In the financial business Act, see. lovbekendtgørelse nr. 885 of 8. August 2011, as amended by section 14 of law No. 1382 of 28. December 2011, shall be amended as follows: 1. In section 1, the following is inserted after paragraph 12 as new paragraph: ' paragraph 13. Chapter 20 c shall apply to common data centres. '

Paragraphs 13-16 becomes paragraph 14-17.

2. section 1, paragraphs 15 and 16, there are paragraphs 16 and 17, shall be repealed, and replaced by: ' paragraph 16. For suppliers and subcontractors to outsourcingvirksomheder, see. § 5 (1) (8). 24 and 25, paragraph 347, paragraphs 1 and 5 shall apply. '

3. In article 5, paragraph 1, the following is inserted as a no. 27: ' 27) Competent authorities means the national authorities which are empowered by law or regulation to exercise supervision over business types covered by this law. '

4. In paragraph 5 shall be added as paragraph 8: ' paragraph 8. The Danish financial supervisory authority may lay down detailed rules on the in (1). 16, (c) and (d) the said balances. '

5. section 9, paragraph 9, shall be repealed.

Paragraphs 10 and 11 will be hereafter referred to paragraphs 9 and 10.

6. In section 9, paragraph 10, there will be paragraph 9, the words ' securities traders and operators of regulated markets ': ' securities traders '.

7. In section 13 shall be added as paragraph 4: ' (4). The Danish financial supervisory authority may lay down detailed rules for the banking institutions, mortgage institutions, stockbroking firms and investment management companies ' own issued instruments that can be included in the base capital. '

8. section 31, paragraph 11, should be repealed.

9. § 39, paragraph 6, shall be repealed, and replaced by: ' (6). A financial undertaking which wishes to exercise services in a country outside the European Union or in a country that has not signed an agreement with the Union in the financial field, to give the FSA notice, no later than 1 month before the commencement of activities, with an indication of the country in which the company sought was begun, and what activities to be carried out. If it is not possible to give the FSA notice, no later than 1 month before the commencement of activities, communication happen as soon as possible.

(7). Companies must notify the financial supervisory authority of any change in the activities referred to in paragraph 6, not later than 1 month before the change is made. If it has not been possible to notify the FSA change within this period, the communication happen as soon as possible. '

10. In paragraph 62, paragraph 2, 1. paragraph, the words ' under the direction of the Danish financial supervisory authority ' to: ' application for approval '.

11. In section 78 (1) (8). 2, the words ' the Director or Board Member ' to: ' held (directly or indirectly) by a qualified share, Board member or Director '.

12. In paragraph 125 (a), paragraph 1, the words ' the 2010 and 2011 ' to: ' 2010, 2011 and 2012 '.

13. In paragraph 125 (a), paragraph 1, the words ' pursuant to paragraph 2 ' is replaced by: ' in accordance with paragraphs 2 and 3. '

14. In paragraph 125 (a) the following paragraph 3 is added: ' (3). By statement of claim pursuant to paragraph 1, the Danish financial supervisory authority may allow undertakings 1. January 2010 or thereafter are starting to use an internal method to the calculation of risk-weighted items for credit risk or operational risk, see. section 143, paragraph 3, shall apply the rules which were in force before 1 May 2004. January 2011 for companies that do not use an internal method to the calculation of risk-weighted items for credit risk or operational risk. '

15. section 183, paragraph 4 is replaced by the following: ' (4). Financial companies and financial holding companies, whose securities are not admitted to trading on a regulated market in this country, in another country within the European Union or in a country which has entered into an agreement with the Union in the financial sphere, notwithstanding paragraph 2 can choose to apply the standards referred to in paragraph 3, on their consolidated accounts. '

16. In paragraph 183, paragraph 5, 1. paragraph, the words ' annual report ': ' consolidated accounts ', and 3. section is repealed.

17. In article 204, paragraph 4, the words ' § 242, 2. paragraph, section 256, 3. paragraph ' to: ' section 238 (2), § 239, paragraph 2, § 242, 2 section, section 256, paragraph 2 '.

18. section 224 (6), is repealed.

19. § 226, paragraph 5, shall be repealed.

20. paragraph 343 p, paragraph 1 is replaced by the following:

» The Danish financial supervisory authority carries out the supervisory tasks, as The European Securities and markets authority delegates to the FSA pursuant to European Parliament and Council regulation on credit-rating agencies. Also assists the Danish financial supervisory authority on request The European Securities and markets authority to perform its tasks in connection with examinations of credit rating agencies and on-the-spot checks. '

21. paragraph 343 p, (2) and (3) are repealed.

22. Pursuant to section 343 p inserted before section XI:

» Title X (c)

Shared data depositories in Chapter 20 (c) Common data centres § 343 q. By common data exchanges for the purposes of this law firms whose principal activities include it operations-or-development tasks for several financial companies, financial holding companies or subsidiaries of such undertakings, and which is predominantly owned by 1) one or more financial companies, financial holding companies or subsidiaries of such undertakings in association or 2) one or more associations, whose members are mainly financial businesses , financial holding companies or subsidiaries of such undertakings.

(2). The rules in this chapter also applies to data centres that carry out significant it operations for the common payment infrastructure, when several financial companies has significant ownership interests in the common data central.

(3). The Danish financial supervisory authority may by way of exception, if special reasons applies, may grant derogations from paragraphs 1 and 2. Derogations should be limited in time, but may be renewed.

§ 343 r. Rules on prudential control and security measures in the it field, issued pursuant to the provisions of this law, section 71, paragraph 2, shall apply mutatis mutandis for common data centres.

(2). Rules for outsourcing issued under section 72 (a) shall apply mutatis mutandis for common data centres, if the shared data depositories outsource major it tasks that are performed for establishments covered by article 5, paragraph 1. '

23. In section 345 (2) nr. 1, the words ' financial companies and financial holding companies ' to: ' financial companies, financial holding companies and joint data centres '.

24. In article 346, paragraph 1 1. paragraph, the words ' financial companies and financial holding companies ' to: ' financial companies, financial holding companies and joint data centralers '.

25. In section 347, paragraph 1 1. paragraph shall be added after ' financial holding companies, «:» common data centres '.

26. In section 347, paragraph 2, the words ' a financial company and its branches, or of a financial holding company ' to: ' a financial company and its branches, a financial holding company or a common data central '.

27. § 347 (b) is replaced by the following: ' § 347 (b). The FSA can order a financial company, a financial holding company or a common data-handling centre to arrange for and meet the costs of an independent study of one or more conditions in the financial business, the financial holding company or of the common data-handling centre if the FSA believes that this is of significant importance to the supervision of the company, and there is no one for FSA habitually occurring study. The result of the independent study is to be given in a written report, which shall be recorded in one of the FSA set time. The Danish financial supervisory authority may provide that the qualified persons, see. paragraphs 2 to 6, on an ongoing basis to make reporting to the Danish financial supervisory authority on matters in connection with the investigation.

(2). The impartial investigation must be carried out by one or more qualified persons. The financial business, the financial holding company or the common data central designates the qualified persons within a period specified by the FSA. The Danish financial supervisory authority must approve the proposed qualified persons.

(3). The financial business, the financial holding company or of the common data-handling centre must give qualified persons the information necessary for the implementation of the independent study.

(4). The qualified persons must provide a copy of the written report on the investigation to the FSA, at the latest at the same time that the report be released to the financial business, the financial holding company or the common data central.

(5). The qualified persons shall immediately give the FSA information of which they become aware of in connection with the independent study, if the information is of major importance for the company's risk profile or business model that can lead to a not inconsiderable risk that these conditions may develop in such a way that the company will lose his permit.


(6). If the qualified person due to his or her particular circumstances cannot disclose the information referred to in paragraphs 4 and 5 to the Danish financial supervisory authority, under the direction of FSA happen other than the qualified person, including of the financial business, the financial holdningvirksomhed or the common data central. '

28. In article 354, paragraph 6, nr. 12 the words ' bankruptcy court ' to: ' trustee in bankruptcy, the bankruptcy court '.

29. In article 354, paragraph 6, nr. 21, the words ' the Commission shall, where it is necessary for the performance of its tasks pursuant to European Parliament and Council regulation on rating agencies '.

30. In article 354, paragraph 6, shall be added as nr. 30: ' 30) Faroese supervisory authorities for the financial area on the condition that the recipients are subject to a statutory secrecy at least equivalent to professional secrecy in accordance with paragraph 1, and that recipients need the information to perform their tasks, see. However, paragraph 12. '

31. In article 354, paragraph 12 shall be added after ' paragraph 6, nr. 22 ': ' and 30 '.

32. In § 354 c, paragraph 1, the words ' by a credit rating agency in accordance with section 373, paragraphs 1 and 2, for violation of the ' to: ' a financial undertaking pursuant to section 373 (2) for violation of article 4, paragraph 1, in '.

33. § 354 c, paragraphs 2 and 3, are repealed.

34. In article 360, paragraph 2, the words ' without prejudice to article. § 361 (1). 21 ' to: ' without prejudice to article. § 361 (1). 20 '.

35. Section 361 (1). 7, is repealed.

Nr. 8-30 is then no. 7-29.36. § 361 (1). 26-30, there will be no. 25-29, is repealed, and instead reads ' 25) mortgage deed companies covered by the law on mortgage deed companies pay 10,000 DKK annually.

26) E-money institutions, see. law on payment services and electronic money, pays annual 60,000 us $.

27) E-money institutions with restricted permission, see. law on payment services and electronic money, pay annually $ 6,000.

28) Foreign investment institutions covered by sections 18 and 19 of the Act on investment associations, etc. pays annually 8,000 DKK

29) For each message, notification or application for cross-border marketing of units of UCITS, as referred to. §§ 18-21 of the law on investment funds, etc., paid $ 2,500.

30) A common data central pays annually 53,000 USD If a common data centre in a fiscal year, on average, have fewer than 25 full-time employees, pay the common data central annual 1,000 DKK ' 37. In § 372, paragraph 1, the words ' without prejudice to article. However, paragraph 2 '.

38. section 372 (2), is repealed.

Paragraphs 3 and 4 become paragraphs 2 and 3.

39. In § 373, paragraph 1, the words ' § 39, paragraph 1, 3, 4, and 6.0 ' to: ' section 39 (1), (3) and (4) ', and ' § 226, paragraphs 1 and 2, and paragraph 5, 1st paragraph. ' shall be replaced by: ' § 226, paragraphs 1 and 2 '.

40. In § 373, paragraph 1, the words ' § 343 (j), section 404, paragraphs 1, 2, 4 and 5, and article 14 and article 24, paragraph 1, point (b), of the European Parliament and of the Council regulation on credit-rating agencies ' to: ' section 343 (j) and section 404, paragraphs 1, 2, 4 and 5, ".

41. In article 373 (2), shall be inserted after ' section 77 d, paragraph 1 ': ' and 2 '.

42. In article 373 (2), shall be inserted after ' § 347 (b) (3) ': ' and 6 '.

43. In § 373, paragraph 2, the words ' and article 4 of the Council regulation on the application of international accounting standards as well as the European Parliament and of the Council regulation on credit rating agencies, with the exception of article 14 and article 24, paragraph 1 (b), ': ' and in article 4 of the Council regulation on the application of international accounting standards and article 4, paragraph 1, of the European Parliament and of the Council regulation on rating agencies '.

44. In § 373 a, paragraph 1, shall be inserted after ' this Act ': ' and the rules issued pursuant to this Act '.

§ 2

Of the law on securities trading, etc., see. lovbekendtgørelse nr. 883 of 9. August 2011, shall be amended as follows: 1. In the footnote to the title of the Act, the words ' and of the European Parliament and of the Council directive 2009/44/EC of 6 May 2003. May 2009 amending Directive 98/26/EC on settlement finality in payment and securities settlement systems and Directive 2002/47/EC on financial collateral arrangements as regards linked systems and debt-claims, the official journal of the European Union 2009, nr. L 146, page 37 ' to: ' the European Parliament and of the Council directive 2009/44/EC of 6 May 2003. May 2009 amending Directive 98/26/EC on settlement finality in payment and securities settlement systems and Directive 2002/47/EC on financial collateral arrangements as regards linked systems and debt-claims, the official journal of the European Union 2009, nr. L 146, page 37, parts of the European Parliament and of the Council directive 2010/73/EU of 24. November 2010 amending Directive 2003/71/EC on the prospectus to be published when securities are offered to the public or admitted to trading, and by Directive 2004/109/EC on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market, the official journal of the European Union 2010, nr. L 327, page 1 (Amendment of the prospectus directive) and European Parliament and Council Regulation No 40/94. 1031/2010/EU of 12. November 2010 on the temporal and administrative mode of the auctions of allowances for greenhouse gas emissions and other aspects in connection with such auctions pursuant to European Parliament and Council Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community '.

2. In article 7, paragraphs 6 and 7, the words ' without prejudice to article. (4) ' is replaced by: ' without prejudice to article. paragraph 5 '.

3. In paragraph 7 (a), paragraph 2, the words ' without prejudice to article. § 9, paragraph 10, of the financial business Act. ' is replaced by: ' without prejudice to article. section 17, paragraph 2 2. and (3). section ' 4. In section 8, paragraph 1 1. paragraph shall be added after ' Company subject to section 7, paragraph 1, ': ' and an operator of a regulated market operation of a multilateral trading facility '.

5. Pursuant to section 8 (a) shall be inserted: ' article 8 (b). A foreign operator authorised to operate a regulated market or a multilateral trading facility in another country within the European Union or in a country which has entered into an agreement with the Union in the financial sphere, can allow remote members, participants or users here in the country access to the regulated market or multilateral trading facility When the Danish financial supervisory authority has received notice from the supervisory authorities of the operator's home country.

(2). A foreign operator can get FSA authorisation to operate a regulated market or a multilateral trading facility in this country, if the operator is established in another country within the European Union or in a country which has entered into an agreement with the Union in the financial field, and if the competent authority of the operator's home country has given operator permit and oversees the operator in accordance with the legislation of the home Member State the rate at which title III of Directive 2004/39/EC (MiFID) is implemented. The authorization may be given if the operator fulfils the conditions set out in section 8, paragraph 2, with the necessary adaptations. Requirements for FSA in § 8, paragraph 5, shall apply to the examination of the application.

(3). When a foreign operator is authorised in accordance with paragraph 2, the provisions of this law apply to the operator and its activities in this country.

section 8 c. A regulated market may be authorised in Denmark to be auction platform in accordance with Commission Regulation No 40/94. 1031/2010 of 12. November 2010 (CO2-auktionerings-Regulation).

(2). Authorisation in accordance with paragraph 1 shall be subject to the regulated market and its operator complies with the requirements of this chapter 3 and 4 with the necessary adjustments.

(3). If the operator of the regulated market established in Denmark, may not permit in accordance with paragraph 1 shall be granted, if 1) the regulated market complies with the requirements of this chapter 3 and 4 with the necessary adjustments and 2) the operator is established in another country within the European Union or in a country which has entered into an agreement with the Union in the financial field and the competent authority of the operator's home country has given operator permit and oversees the operator in accordance with the home Member State's legislation under which title III of Directive 2004/39/EC (MiFID) is implemented.

(4). An operator may be authorised to operate a regulated market which are authorized to be auction platform in accordance with Commission Regulation No 40/94. 1031/2010 of 12. November 2010 (CO2-auktionerings-Regulation) in another country within the European Union or in a country which has entered into an agreement with the Union in the financial field, if 1) operator complies with the requirements of this chapter 3 and 4 with the necessary adjustments and 2) the competent authority of the home Member State of the regulated market provide the regulated market licence pursuant to Commission Regulation No 2454/93. 1031/2010 of 12. November 2010 (CO2-auktionerings-Regulation) and oversees the regulated market in accordance with the home Member State's legislation under which title III of Directive 2004/39/EC (MiFID) is implemented.

(5). The Danish financial supervisory authority shall refuse an application for a permit must be justified and notified to the applicant not later than 6 months after the date of receipt or, if the application is incomplete, within six months after the applicant has submitted the information required to make the decision. There should in any case be decided no later than 12 months after receipt. The FSA has not within 6 months after receipt of a complete application for a permit decision, the applicant may refer the matter to the courts. '

6. In paragraph 10 (d), (2) 1. paragraph, the words ' under the direction of the Danish financial supervisory authority ' to: ' application for approval '.


7. § 17 (2), 2. paragraph, shall be repealed, and replaced by:

» An operator of a regulated market that wants to operate a multilateral trading facility as an alternative marketplace, must give notice to the Danish financial supervisory authority prior to commencement of the alternative marketplace. Multilateral trading facilities, which have been in operation in such a message can not subsequently operated as alternative marketplaces. "

8. In article 20, paragraph 6, 1. paragraph shall be added after ' by the regulated market ': ' or a multilateral trading facility '.

9. In the heading of Chapter 6 and in article 23, paragraph 4, nr. 9, the words ' euro ' to: ' 2,500,000 5 million euro '.

10. In article 23, paragraph 4, nr. 10, the words ' euro ' to: ' 75 million 50 million euros '.

11. In article 23 (a), paragraphs 1 to 5 shall be replaced by ' trading days ' is replaced by: ' working days '.

12. Article 27 a, paragraph 5, shall be repealed.

Paragraph 6 becomes paragraph 5.

13. section 27 (b) is repealed.

14. section 28 (a), paragraph 1 is replaced by the following:

» Senior executives in companies, which has Denmark as homeland, see. section 28, paragraph 3, and where the company is issuing shares admitted to trading on a regulated market in this country, in another country within the European Union or in a country with which the Union has entered into an agreement on financial matters, or for which has been filed in the request for admission to trading on such a market, the FSA must report a notification of transactions they carry out for their own account, and which relates to the company's shares or other securities, which are attached to such shares. The message to be transmitted electronically to the Danish financial supervisory authority no later than 2 business days after the transaction. FSA publishes the message immediately after it is received. '

15. section 28 (a), paragraph 3, 2.-4. paragraph is replaced by the following:

' Notification shall be given to the senior employee within 2 business days after the transaction. The Chief Officer shall transmit electronically a notification with the information received to the Danish financial supervisory authority no later than 2 business days after receipt of the notification. FSA publishes immediately after this message. "

16. section 28 (a), paragraph 5, shall be repealed.

Paragraph 6-8 will be hereafter paragraph 5-7.

17. section 28 a, paragraph 6, there will be the fifth paragraph is replaced by the following: ' (5). A senior employee's duty to report the communication under paragraph 1 1. paragraph, and to report communication on information received under paragraph 3 3. point, accrues if Exchange rate values of the transactions in the course of a calendar year is conducted by the Chief Officer of affiliated persons and to the Senior Executive, completes a sum of 5,000 euros or more. If the threshold value of 5,000 euro is exceeded, shall be given notice of the transaction by which the threshold is exceeded, and all subsequent transactions in the calendar year in question. '

18. In section 28 a, paragraph 7, which becomes paragraph 6, the words ' and reporting in accordance with paragraph 5 '.

19. In section 28 a, paragraph 8, which becomes paragraph 7, shall be replaced by ' paragraphs 1-7 ': ' paragraph 1-6 '.

20. In article 37, paragraph 1 1. paragraph, the words ' the issuer of securities admitted to trading on a regulated market, ' to: ' an issuer which has Denmark as homeland, see. section 28 (3), and which has securities as referred to in section 34 (1). 1 '.

21. In article 37, paragraph 2, 1. paragraph, shall be replaced by ' an issuer of securities as referred to in section 34 (1). 1.0 ' to: ' an issuer which has Denmark as homeland, see. section 28 (3), and which has securities as referred to in section 34 (1). 1 '.

22. In paragraph 40 shall be inserted before paragraph 1 as a new piece:

' In the case of a multilateral trading facility means a trading system with the exception of regulated markets within the system and after the latter's mandatory rules establishes various third-party interest in the purchase and sale of financial instruments within the scope of § 2, nr. 1-10, in connection with each other in such a way that the conclusion of an agreement on the transfer. '

Paragraph 1 becomes paragraph 2.

23. In the heading of Chapter 12 and of section 43, paragraph 1, shall be replaced by ' between 100,000 and 2,500,000 euro ': ' between 1.000.000 and 5 million euro '.

24. In article 43, paragraph 1, the words ' which are not admitted to trading on a regulated market '.

25. In article 44, paragraph 5, 1. paragraph shall be added after ' Directive 2003/71/EC ': ', as amended by Directive 2010/73/EU ".

26. In article 83, paragraph 1, the following is inserted as a 3. item:

» Financial supervision shall ensure the observance of article 37-42 of Commission Regulation No 2454/93. 1031/2010 of 12. November 2010 (CO2-auktionerings-Regulation). '

27. section 83 (2), 1. paragraph is replaced by the following:

» The Danish securities Council shall, in respect of the issuers of securities with its registered office in Denmark to verify that the rules for financial information in annual reports and interim reports in sections 183-193 in the financial business Act, sections 63 and 64 of the law on investment funds etc. and financial statements Act are complied with, if the securities are admitted to trading on a regulated market in this country, in another country within the European Union or in a country that the Union has entered into an agreement on the financial area. '

28. section 83 (3), 1. paragraph is replaced by the following:

» Verification referred to in paragraph 2 also includes control of the rules for financial information in annual and interim reports from issuers having Denmark as home country pursuant to section 28, paragraph 3, nr. 2, as these rules are laid down in the accounting legislation, those issuers covered by the basic regulation. § 27, paragraph 7. '

29. In paragraph 83, paragraph 11, the words ' section 33, paragraph 5, article 40, paragraph 1, no. 1, 2 and 4.0 ' to: ' section 40 (2). 1, 2, and 4 '.

30. In paragraph 83 (a) (1). 3, the words ' paragraph 27 (b) (2) '.

31. In paragraph 83 (a) (1). 3, is replaced by ' 28 (a), paragraph 5.0 ' to: ' section 28 (a) (1) and (3) '.

32. In article 84, paragraph 2, no. 2, the words ' as well as '.

33. In article 84, paragraph 2, no. 3, the words ' information activities. ' to: ' and ' information activities.

34. In article 84, paragraph 2, be inserted as nr. 4: ' 4) acting in matters relating to compliance with article 37-42 of Commission Regulation No 2454/93. 1031/2010 of 12. November 2010 (CO2-auktionerings-Regulation) of principled character and in cases which have significant implications for higher education stakeholders on the auction platform. '

35. In section 84 (a), paragraph 6, nr. 11, the words ' bankruptcy court ' to: ' trustee in bankruptcy, the bankruptcy court '.

36. In section 84 (a), paragraph 6, shall be inserted after nr. 19 as the new number:» 20) The auction supervisor pursuant to Commission Regulation No 2454/93. 1031/2010 of 12. November 2010 (CO2-auktionerings-Regulation) to the need that this can carry out its functions. "

No. 20 and 21 is then no. 21 and 22.

37. In paragraph 84 (c), paragraph 1, shall be inserted after ' section 84, paragraph 2, no. 1 ': ' and 4 '.

38. In paragraph 84 (d) of paragraph 2, no. 6, the words ' without prejudice to article. section 28 (a), paragraphs 1, 3, 5 and 7, and provisions to that effect issued under section 28 (a), paragraph 8.0 ' to: ' without prejudice to article. section 28 (a), paragraphs 1, 3 and 6, and provisions to that effect issued under section 28 a, paragraph 7, '.

39. paragraph 84 (d) of paragraph 2, no. 11 is replaced by the following: ' 11) rules on takeover bids, without prejudice. section 31, paragraph 1, and section 32, paragraph 1-3, and of provisions to this effect issued under section 32 (4) '.

40. In paragraph 84 (d) of paragraph 2, no. 15, the words ' and '.

41. In paragraph 84 (d) of paragraph 2, no. 16, the words ' section 37, paragraph 10. ' to: ' section 37, paragraph 10, and '.

42. In paragraph 84 (d) of paragraph 2, the following is inserted as a no. 17: ' 17) the rules laid down in article 37-42 of Commission Regulation No 2454/93. 1031/2010 of 12. November 2010 (CO2-auktionerings-Regulation). '

43. In paragraph 84 (d), paragraph 5, the words ' section 93, paragraph 3, 1. and 2. paragraph ' to: ' section 93, paragraph 3, 1. and 3. paragraph. ' 44. In article 88, paragraph 1, shall be inserted after 1. item:

» Matching applies to the decisions of the Danish financial supervisory authority in accordance with article 37-42 of Commission Regulation No 2454/93. 1031/2010 of 12. November 2010 (CO2-auktionerings-Regulation). '

45. section 92 (3), 1. paragraph is replaced by the following:

» Meet an operator of a regulated market, a central clearing or a central securities depository not capital requirement set out in section 8, paragraph 2, no. 2, or the individually prescribed capital requirements pursuant to section 15 (3), (4). point, the Danish financial supervisory authority can either fix a period within which to bring the capital requirements laid down or up on it immediately suspend the authorization. '

46. Under section 92 (a) shall be inserted in Chapter 27:» § 92 (b). The Danish financial supervisory authority may withdraw a permit under section 8 (c), paragraph 1 or 4, if 1) company does not begin within a period specified in the permit, or, if there is no fixed a time limit in the permit, within 12 months after the permission is given, 2) the company shall not be exercised in a continuous period of more than 6 months , 3) auction platform or its operator grossly or repeatedly infringes his obligations in accordance with Commission Regulation No 2454/93. 1031/2010 of 12. November 2010 (CO2-auktionerings-Regulation), this law or regulations issued pursuant to the law or orders given pursuant to article 93 (3), (4)) auction platform or its operator no longer fulfils the conditions under which authorisation was granted or subsequently added permission, or 5) the FSA estimates that the auction platform's implementation of auctions does not happen on a market for safe, effective and technically sound manner. '

47. In article 93, paragraph 1, the words ' paragraph 27 (b) (1) and (2) 1. PT., '.

48. In article 93, paragraph 1, the words ' section 28 (a) (1), (3), (4). paragraph (5), 1. paragraph and paragraph 7.0 ' to: ' section 28 a, paragraph 1, 1. and 2. paragraph (3), 3. paragraph and paragraph 6, '.

49. In article 93, paragraph 1, the words ' § 40.0 ' to: ' section 40 (2) '.

50. In paragraph 93, paragraph 3, shall be inserted after 1. item:


» The Danish financial supervisory authority can also give a physical or legal person ordering the alteration of the relationship, if this does not meet its obligations under Commission Regulation No 2454/93. 1031/2010 of 12. November 2010 (CO2-auktionerings-Regulation). '

51. In article 93, paragraph 3 3. point, there will be (3), (4). paragraph, the words ' Powers after 1. and 2. paragraph ' to: ' Powers after 1. and (3). paragraph. ' 52. section 93, paragraph 7, shall be replaced by the following: ' (7). The period of limitation for criminal liability for violation of the law or regulations issued pursuant to law is 5 years. '

53. In paragraph 93 (a), paragraph 1, shall be inserted after ' this Act ': ' and the rules issued pursuant to this Act '.

§ 3

The law on prevention of the laundering of proceeds and the financing of terrorism, referred to in article 6. lovbekendtgørelse nr. 389 of 15. April 2011, shall be amended as follows: 1. Article 1, paragraph 1, no. 7, shall be replaced by the following: ' 7) payment service providers and issuers of electronic money. '

2. section 1, paragraph 1, no. 9 is replaced by the following: ' 9) Foreign enterprises branches and agents in this country, practising after nr. 1-8 and 10. '

3. In article 1, paragraph 1, no. 11, shall be inserted after ' people ': ' including branches and agents of foreign companies '.

4. In section 1, paragraph 1, no. 12, shall be inserted after ' people ': ' including branches and agents of foreign companies '.

5. In section 1, paragraph 1, no. 13 (d) of this article, the term ' undertakings ' to: ' or ' companies.

6. In section 1, paragraph 1, no. 13 (e), the words ' businesses or ': ' businesses. '

7. Article 1, paragraph 1, no. 13, point (f) is repealed.

8. In section 1, the following is inserted as paragraph 4: ' (4). Business and growth, the Minister shall lay down detailed rules on the extent to which the law applies to companies and individuals covered by the Commission Regulation No 40/94. 1031/2010 of 12. November 2010 (CO2-auktionerings-Regulation). '

9. In section 3, paragraph 1, the following is inserted as a no. 7 and 8: ' 7) Apartment customers: Customers, assisted with individual transactions or individual counselling tasks, where there is no established a solid customer relationships or recorded a commercial connection.

8) Control information: information about the credentials that are provided to verify that the identity information is correct. '

10. In paragraph 7 the following paragraph 6 is added: ' (6). The Danish financial supervisory authority may lay down detailed rules concerning the obligation to notify to the public prosecutor for serious Economic Crime, see. (1). ';

11. In section 11 shall be added after ' transaction ': ' or advisory task '.

12. section 14 shall be replaced by the following: ' § 14. By assistance for occasional customers with individual transactions can meet the requirements in § § 12, 15 and 19 may be omitted, if the transaction does not exceed an amount corresponding to the value of 1,000 euro. Fulfilment of the requirement laid down in article 12, paragraph 3, 2. paragraph, moreover, on the basis of a risk assessment can be omitted if the transaction does not exceed an amount corresponding to the value of 15,000 euro.

(2). By assistance for occasional customers with individual advisory tasks can meet the requirements in § § 12, 15 and 19 need not be published. '

13. section 15, paragraph 4, shall be replaced by the following: ' (4). The requirement referred to in paragraph 2, 1. paragraph shall not apply if the person concerned is covered by the circle of enterprises referred to in section 21 (1) (8). 1. ' 14. section 16 is replaced by the following: ' § 16. The rules for what information should accompany a money transfer, shall be regulated by a European Parliament and Council regulation on information that must be included on the payer for transfers of funds, in accordance with article 3. However, paragraphs 2, 3 and 5.

(2). This Regulation shall not apply to transfers of funds within or between Denmark, Faroe Islands and Greenland in connection with purchases of goods and services, when 1) amount does not exceed an amount corresponding to the value of 1,000 euro, 2) recipient's payment service provider of the payee is subject to the provisions of this law or equivalent rules for Faroe Islands or Greenland and 3) recipient's payment service provider by using a unique reference number can identify the legal or physical person by the payee has an agreement with for the supply of goods or services.

(3). The requirements for the information that must accompany a money transfer, see. Article 5 of the regulation, shall not apply to transfers of funds to non-profit organisations, when 1) the amount transferred does not exceed 150 EUR, 2) transfer is carried out within or between Denmark, Faroe Islands and Greenland, 3) organization is subject to financial reporting and 4) your organization is subject to public oversight or external audits that have been carried out by a chartered or certified accountant.

(4). The exception under paragraph 3 shall be subject to the condition that the organisation is registered with the FSA and demonstrate that the requirement of financial reporting and either external audit or official supervision are fulfilled. The organisation shall also give an indication of the individuals that make up the Organization's top management or otherwise exercises control over the company. Changes in the in 1. and 2. paragraph mentioned conditions must be reported to the FSA.

(5). The rules that apply to transfers of funds within Denmark according to this regulation, shall apply mutatis mutandis for money transfers within the Faroe Islands and Greenland and between Denmark, Faroe Islands and Greenland. '

15. The heading before section 17 is replaced by the following:

» Assistance from third parties '.

16. section 17 is replaced by the following: ' article 17. The Act consisted of companies and individuals can fail even to obtain information, etc. pursuant to section 12, paragraphs 1-4, section 15 and section 19 (1), (2) and (4) if the information is made available by one of the in clause 1 (1) (8). 1-8, 13 or 15, said companies or a similar undertaking in a country within the European Union, a country which has entered into an agreement with the Union in the financial field, or an equivalent undertaking in a third country which is subject to requirements to combat money laundering and the financing of terrorism, which corresponds to the requirements of this law. This company is referred to in this chapter as a third party.

(2). The Act consisted of companies and individuals must obtain sufficient information about a third party to be taken into account that this has introduced measures to combat money laundering and the financing of terrorism, which corresponds to the requirements of this law.

(3). Third parties must commit themselves to immediately ask the said information available to the company or person subject to the law. In addition, third parties undertake on request without delay to forward relevant control information and other relevant documentation to the company or person subject to the law.

(4). Notwithstanding paragraphs 1 to 3 are the firm or person responsible for ensuring that the rules are respected.

(5). Paragraph 1 shall not apply to the persons and undertakings subject to the law, which is established in a country outside the European Union, as the Union does not have an agreement with in the financial field, where the Commission, in accordance with article 40, paragraph 4, in 3. laundering directive decides to exempt the country in which that undertaking has its registered office. '

17. Article 18 shall be replaced by the following: ' article 18. Companies and persons covered by the law can choose contractually to outsource tasks that they must perform in order to comply with the rules contained in this Act, to a supplier. However, it is a precondition that the law included the companies or persons prior to the conclusion of the agreement concerning the outsourcing shall ensure that the supplier has the ability and the capacity needed to carry out the task in a satisfactory manner, and that the supplier has the permissions, there must be a prerequisite for the supplier can take on the task.

(2). There should be continuous monitoring of the agreement, the supplier performs the task in accordance with the requirements, and on the basis thereof shall sound of outsourcingaftalen continuously assessed.

(3). Whether outsourcing takes place, is the company or the person responsible for ensuring that the rules are complied with. '

18. § 19 (2). 3, is replaced by the following: ' 3) require that the first payment in connection with the transactions carried out through an account opened in the customer's name with a financial institution or any similar business established in a country within the European Union, a country which has entered into an agreement with the Union in the financial field, or in a third country, subject to requirements to combat money laundering and financing of terrorism , which corresponds to the requirements of this law, and which are placed on the control of compliance with these requirements. '

19. In article 19, paragraph 3, the words ' and issuers of electronic money ' to: ', payment institutions and electronic money institutions '.

20. section 19, paragraph 3, nr. 1, is replaced by the following: ' 1) obtain sufficient information about the institution concerned to fully understand, in which its business is, and on the basis of publicly available information to judge the respective institution's reputation and the quality of supervision, including information on whether the institution concerned is the subject of a regulatory investigation or have previously received sanctions from the public authorities for violation of the rules on combating money laundering and financing of terrorism ,«.

21. section 19, paragraph 3, nr. 2, is replaced by the following: ' 2) obtain sufficient information to ensure that the institution concerned has sufficient and effective control procedures to ensure compliance with rules on combating money laundering and financing of terrorism '.


22. In article 19, paragraph 3, nr. 3, shall be inserted after ' day-to-day management ': ' for the establishment of correspondent connection '.

23. In article 19, paragraph 6, the words ' and issuers of electronic money ' to: ', payment institutions and electronic money institutions '.

24. Article 21, paragraph 1 is replaced by the following:

» Identification requirements provided for in article 12, paragraphs 1 to 4, and section 15 may, after a risk assessment may be omitted when the customer is 1) in section 1 (1) (8). 1-8, 10 and 19, listed companies or an equivalent undertaking established in a country within the European Union, a country which has entered into an agreement with the Union in the financial field, or in a third country, subject to requirements to combat money laundering and the financing of terrorism, which corresponds to the requirements of this law, and which are placed on the control of compliance with these requirements , 2) a company whose securities are admitted to trading on a regulated market, or 3) a domestic public authority. '

25. Article 23, paragraph 1, is replaced by the following:

» The law included businesses and individuals shall keep the identity and control information, for at least 5 years after the customer relationship has ceased. Copy of the identification documents obtained pursuant to sections 11, 12, 14, 15 and 19 may be kept. '

26. In article 25, paragraph 1, the following is inserted as a 2. item:

"There must also be drawn up sufficient written internal rules on compliance with European Parliament and Council regulations concerning the information that must be included on the payer for transfers of funds where appropriate, and regulations containing rules on financial sanctions against countries, individuals, groups, legal entities or bodies. '

27. In section 31, paragraph 2, the following is inserted as a 2. item:

» Criminal Code section 78, paragraph 3, shall apply mutatis mutandis. '

28. In article 34, paragraphs 3 and 4 shall be inserted after ' the Office ': ' without prejudice to article. section 78, paragraph 2, of the Penal Code '.

29. In section 34 is inserted as paragraph 8: ' paragraph 8. Supervision of branches and agents for payment institutions and electronic money institutions having their registered office in another country within the European Union or in a country with which the Union has entered into an agreement on financial matters, be exercised in cooperation with the supervisory authority of its home Member State. '

30. In paragraph 8 of section 37 shall be inserted: ' (8). The limitation period for violation of the provisions of the Act or regulations issued pursuant to law is 5 years. '

31. Annex 1, nr. 4, is replaced by the following: ' 4. Occupational physical money transport. '

32. Annex 1, nr. 5, shall be replaced by the following: ' 5. Issuance and administration of traveller's cheques, bank drafts and similar payment instruments '.

§ 4

Of the law on the supervision of company pension funds, without prejudice. lovbekendtgørelse nr. 1561 by 19. December 2007, as amended most recently by section 231 of the Act No. 456 of 18. May 2011, is amended as follows: 1. section 66 (b), (2). 2, is repealed.

No. 3 and 4 is then no. 2 and 3.

§ 5

Of the law on mortgages and mortgage bonds, etc., see. lovbekendtgørelse nr. 1261 by 15. November 2010, as amended by section 31 of Act No. 718 of 25. June 2010 and section 17 of Act No. 1556 of 21. December 2010, is amended as follows: 1. In article 3, paragraph 2, the words ' 35 years ' to: ' 40 years '.

§ 6

Of the law on a guarantee fund for depositors and investors, without prejudice. lovbekendtgørelse nr. 133 of 22. February 2011, as amended by section 30 of Act No. 718 of 25. June 2010, § 1 of lov nr. 619 of 14. June 2011 and § 1 of lov nr. 1061 by 22. November 2011, is amended as follows: 1. In article 2, paragraph 2, shall be replaced by ' sections 132 and 136 ' to: ' rules issued under section 128, paragraph 2 '.

§ 7

Act No. 436 of 14. May 2007 on banknotes in Greenland shall be repealed.

§ 8

In Act No. 456 of 18. May 2011 about mutual funds, etc., is amended as follows: 1. In section 128 is added as paragraph 2 and 3: ' (2). In compliance with the individual bin limits referred to in paragraph 1 must be a division of a mutual fund, however, invest up to 20 per cent of the Department's assets in securities and money market instruments issued by issuers in the same group.

(3). In the case of investments in accordance with paragraphs 1 and 2, § § 137-139 shall apply. '

§ 9

In Act No. 517 of 17. June 2008 amending the financial business Act and various other acts (of executives and Board members ' suitability, implementation of the directive on equal treatment, etc.), as amended by section 14 of law No. 392 of 25. May 2009, is amended as follows: 1. In section 14 is inserted as paragraph 5: ' paragraph 5. Those parts of section 10, which is not in accordance with paragraph 3 is implemented for the Faroe Islands, may by Royal Decree be set wholly or partially in force for Faroe Islands with the changes that the Faroese conditions warrant. '

§ 10

In Act No. 512 of 17. June 2008 amending the law on prevention of the laundering of proceeds and the financing of terrorism and the financial business Act (Money transfers between Denmark and the Faroe Islands) is amended as follows: 1. section 1 is repealed.

§ 11 paragraph 1. The law shall enter into force on the 1. March 2012, see. However, paragraphs 2 to 5.

(2). § 2, nr. 9-13, 23-25, 30 and 47, shall enter into force on the 1. July 2012.

(3). § 1, nr. 15 and 16, shall enter into force on the 1. March 2012 with effect for the fiscal year 2012.

(4). Business and growth, the Minister shall determine the time of the entry into force of § 2, nr. 14-19, 31, 38 and 48.

(5). § 2, nr. 52, and section 3, nr. 30, applies only in relation to the entry into force of the Act after the committed.

§ 12 (1). sections 1 to 4, 6, 9 and 10 shall not apply to the Faroe Islands and Greenland, without prejudice. However, paragraphs 2 to 5.

(2). section 5 does not apply to the Faroe Islands.

(3). sections 1-3, 6, 9 and 10 may, by Royal Decree be set wholly or partially in force in respect of Faroe Islands and Greenland with the changes that the Faroese and Greenlandic conditions warrant.

(4). section 4 may, by Royal Decree be totally or partially into force for Greenland of the changes which the Greenlandic conditions warrant.

(5). § 8 may by Royal Decree be set wholly or partially in force for Faroe Islands with the changes that the Faroese conditions warrant.

Given at Amalienborg, the 28. February 2012 Under Our Royal hand and Seal in the Queen's Name: FREDERIK, Crown Prince of Denmark-Ole Sohn Official notes 1) Act contains provisions implementing parts of the European Parliament and of the Council directive 2010/73/EU of 24. November 2010 amending Directive 2003/71/EC on the prospectus to be published when securities are offered to the public or admitted to trading, and by Directive 2004/109/EC on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market, the official journal of the European Union 2010, nr. L 327, page 1 (Amendment of the prospectus directive), a decision of the European Parliament and Council Regulation No 40/94. 1031/2010/EU of 12. November 2010 on the temporal and administrative mode of the auctions of allowances for greenhouse gas emissions and other aspects in connection with such auctions pursuant to European Parliament and Council Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the community and sections of the European Parliament and of the Council directive 2009/65/EC of 13. July 2009 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS), the official journal of the European Union 2009, nr. L 302, page 32.

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