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Executive Order On A Ship's Financial

Original Language Title: Bekendtgørelse om et skibsfinansieringsinstitut

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Table of Contents
Chapter 1 Scope and definitions, etc.
Chapter 2 Good practice, ownership and management, as well as disclosure of confidential information, etc.
Chapter 3 Shipcredit bonds-security, valuation and maturity
Chapter 4 Special covered bonds-security, valuation and maturity
Chapter 5 Fleet Border
Chapter 6 Capital conditions and solvency
Chapter 7 Gearing
Chapter 8 Temporary placement, liquidity, and concert rules, etc.
Chapter 9 Accounting and auditing
Chapter 10 Capital Centers Accounts
Chapter 11 Aggregation, Termination and Crisis Management
Chapter 12 Delegated acts and implementing acts
Chapter 13 Penalty provisions
Chapter 14 Transitional provisions, reports, revision and changes
Chapter 15 Entry into force

Publication of a shipbuilding institute 1)

In accordance with paragraph 5 (2), One and two, and section 14 (4). 2, in the Law of a Shipping Financial Institute, cf. Law Order no. 851 of 25. June 2014, set :

Chapter 1

Scope and definitions, etc.

§ 1. This notice shall apply to a shipbuilding institution subject to the law of a ship ' s financial institution.

Paragraph 2. Where such notification refers to rules in the law of financial activities or rules issued under this applicable to a ship ' s financial institution, general rules for financial establishments and special rules shall be taken into account ; rules on financial institutions in the law of financial activities, unless otherwise stated. Whereas financial institutions, in the case of financial undertakings, in the law of financial activities or rules issued pursuant thereto, shall be read as a shipbuilding institution subject to the law of a financial undertaking or a rules ; the financial institution.

Paragraph 3. Where this notice refers, the rules of Regulation (EC) of the European Parliament and of the Council are to be adopted. 575/2013 of 26. Whereas, in June 2013, the regulatory requirements of credit institutions and investment firms, or acts adopted pursuant thereto, shall apply mutatis mutes, the general rules for institutes and special rules for : credit institutions, unless otherwise specified. Credit institutions respectively, respectively, in the European Parliament and of the Council Regulation (EC) No, 575/2013 of 26. In June 2013, the regulatory requirements for credit institutions and investment firms or acts adopted pursuant thereto shall be read as a Community financial institution subject to the law of a financial institution ; the financial institution.

Paragraph 4. Where acts, adopted by the European Commission, pursuant to the Directive 2013 /36/EU of the European Parliament and of the Council of 26. In June 2013, on the subject of access to the business of credit institutions, the general rules for institutes and special rules for credit institutions shall be taken into account. The creditor institutions of such acts shall, in such a way, be read as a ship ' s financial institution subject to the law of a ship ' s financial institution.

Paragraph 5. Realcreditobonds in the law of financial activities and in the notices issued pursuant to this notice shall be read as cartridges or caregistrations issued by a shipbuilding institute. However, this does not apply to mortgage bonds as referred to in section 153 of the Act on financial activities.

§ 2. Chapter 2 of the Act on Definitions applicable to definitions shall apply by analogous use in this notice.

Paragraph 2. Articles 4 and 5 of Regulation (EC) No 2 of the European Parliament and of the Council 575/2013 of 26. June 2013 on regulatory requirements for credit institutions and investment firms on definitions shall apply by analoging in this notice.

§ 3. A ship ' s financial institution may temporarily operate another company to ensure or conduct the pre-entered exposures. The Funding Foundation shall inform the Finance-monitoring thereof.

§ 4. A ship ' s financial institution wishing to establish a branch or subsidiary in a country other than Denmark shall have the authorisation of the GL of the Financial Authority to this end. The SEC is only permitted if the supervision considers that there is no reason to doubt that the administrative structure and financial situation of the financial institution is sound as the basis for the proposed establishment.

Chapter 2

Good practice, ownership and management, as well as disclosure of confidential information, etc.

§ 5. Section 43-48 of the Act of Financial Business Act, in the case of good practice, price information and contractual relations, shall apply mutatis muctis to a ship ' s financial institution.

§ 6. Chapter 7 of the Act on the Financial Business Act shall apply mutatis muctis to a shipbuilding institute.

§ 7. section 64-80c of the financial activities governing the management and the establishment of the undertaking shall apply mutatis muchaitis to a ship ' s financial institution.

§ 8. Chapter 9 of the Act on the disclosure of confidential information shall apply mutatis muth to a shipbuilding institute.

§ 9. Part 8 of Regulation (EU) of the European Parliament and of the Council 575/2013 of 26. June 2013 on supervisory requirements for credit institutions and investment firms relating to the obligation to provide information to the institutions shall apply mutatis muted to a shipbuilding institute.

Chapter 3

Shipcredit bonds-security, valuation and maturity

§ 10. This chapter shall apply when a ship ' s financial institution is financing a ship ' s ship by means of ship ' s creditor bonds.

§ 11. A shipbuilding institution can only lend loans to security.

Paragraph 2. The ship ' s financial institution shall establish a value of the ship or ships for the purposes of the security.

Paragraph 3. The valuation of the security shall be carried out on the basis of one of the shipbuilding institute or approved assessment.

Paragraph 4. The Management Board shall lay down guidelines for the valuation, including the visual inspection of pawned vessels and for the use of independent assessments. These guidelines shall be published on the website and in the management report of a shipbuilding institution.

Paragraph 5. The valuation of the security shall be within the amount of the amount served by a competent acquiring knowledge of the special price and market conditions for the ship type in question must be estimated to pay for the ship. Concrete claims must not be included in the valuation of values. The institution shall take into account the possible risk of changes in market and structural conditions in the valuation of the securities to be used for the security of the system.

Paragraph 6. The value of the ship for the security shall be determined at the time when the Foundation shall make a loan offer, and at the latest when the institution is paying the loan.

§ 12. A shipboard financial institution can only grant loans against the registered pawn in the financed ship within 70%. of the value to which the ship required for the security has been set, cf. however, section 13-15.

Paragraph 2. The panther's after paragraph. 1 may be dismissed from the courage of

1) the borrower makes other security of particularly good bonity, cf. § 16, or

2) which is carried out by the solvency of the institution, cf. Section 23, paragraph 1. 7.

Paragraph 3. In addition, a shipboard financial institution may grant loans against the registered mortgages within 70%. of the value fixed for the use of the security in other ships other than that or the financing.

Paragraph 4. A ship ' s financial institution shall take full measures to ensure that loans in the entire period of the loan comply with the purpose of the institution in accordance with the purpose of the establishment. § 1 A, in the Act of a Shipping Financial Institute.

Paragraph 5. Paragraph 2, no. Paragraph 1 and paragraph 1. The provisions of Article 114 (4) shall be deemed to have been met if a central bank has been awarded the credit quality stage in 2 or better. 2, in Regulation (EC) No 2 of the European Parliament and Council. 575/2013 of 26. June 2013 on supervisory requirements for credit institutions and investment firms, as borrowers shall be deposited in the entire duration of the loan.

§ 13. Borropting over 70%, but within 100%. the value of the financed ship or the value provided for in the case of the security shall be granted only to the granting of the loan, for this part of the loan ;

1) the second security of particularly good bona of borrowers, cf. § 16, or

2) is carried out by the institution ' s solvency, cf. Section 23, paragraph 1. 7.

Paragraph 2. In the light of the loans granted to the registration of a vessel in other ships other than that of 70 pctates, but within 100%, the value of the pawned ship or the value of the pawned ships shall be determined for the purposes of the security to be provided for in paragraph 1. 1 corresponding use.

§ 14. Regardless of section 12 to 13, a shipping financial institution may grant loans against the registered pawn in the 80%-funded ship. by the Danish Business Authority, maximum financing, without any other security of particularly good boneity or overload, if :

1) The loan has been granted in accordance with the Agreement between the Danish State v / Economic and Commercial Minister and Denmark's Skibcredit fund " dated 13. June 2003 laid down, and

2) the credit rating of the borrower is considered to be particularly good, cf. Section 26 (1). 4.

§ 15. Regardless of section 12 to 14, a ship ' s financial institution may provide construction loans for the financing of new or rebuilding ships that are provided without a ship, for the purposes of the ship ' s ship ;

1) The security of special good bonity shall be provided, cf. § 16,

2) is carried out by the institution ' s solvency, cf. Section 23, paragraph 1. 7, or

3) they are ordered in paragraph 1. 2 and 3 securities specified, resulting in the safety and conditions referred to in section 24 (2). 3, solvency proceedings.

Paragraph 2. For the loan referred to in paragraph 1, 1, no. 3, such transport and withdrawal rights shall be granted in the building contract after careful examination and prudent assessment of the contract base in each case and shall be transported in the security guarantee for payments under the construction contract, cf. paragraph Three of them in the first act. the certainties listed shall remain in force until such time as the ship is completed, delivered and duly approved, but not later than until the building is obtained.

Paragraph 3. For the loan referred to in paragraph 1, 1, no. 3, for payments under the construction contract ;

1) the security of particularly good bona of borrowers, cf. § 16, or

2) The security referred to in Article 129 (1) is lodged with security Paragraph 1 (a-c) and Article 129 (1). This is the first paragraph of the European Parliament and of the Council (EU) No 1. 575/2013 of 26. June 2013 on supervisory requirements for credit institutions and investment firms.

§ 16. As security of particularly good bonuses, only the following can be used :

1) Deposits or guarantee from central banks with a credit quality stage 2 or better, cf. Article 114 (1) ; 2, in Regulation (EC) No 2 of the European Parliament and Council. 575/2013 of 26. June 2013 on supervisory requirements for credit institutions and investment firms.

2) Guarantee from central governments with a credit quality step 2 or better, cf. Article 114 (1) ; 2, in Regulation (EC) No 2 of the European Parliament and Council. 575/2013 of 26. June 2013 on supervisory requirements for credit institutions and investment firms.

3) Guarantee from regional or local authorities with a credit quality step 2 or better, cf. Article 114 (1) ; 2, in Regulation (EC) No 2 of the European Parliament and Council. 575/2013 of 26. June 2013 on supervisory requirements for credit institutions and investment firms which comply with Article 115 (1). Regulation 2 or 4, in Regulation (EU) of the European Parliament and of the Council. 575/2013 of 26. June 2013 on supervisory requirements for credit institutions and investment firms.

4) bonds and debt securities issued or guaranteed by central governments with a credit quality step 2 or better, cf. Article 114 (1) ; 2, in Regulation (EC) No 2 of the European Parliament and Council. 575/2013 of 26. June 2013 on supervisory requirements for credit institutions and investment firms, within 90%. by the officially notated Kurdish value of the value papiet.

5) bonds and debt relief letters in 90%. for the officially notated exchange value of the value papiet, issued or guaranteed by regional or local authorities with a credit quality step 2 or better, cf. Article 114 (1) ; 2, in Regulation (EC) No 2 of the European Parliament and Council. 575/2013 of 26. June 2013 on supervisory requirements for credit institutions and investment firms, which comply with Article 115 (1). Regulation 2 or 4, in Regulation (EU) of the European Parliament and of the Council. 575/2013 of 26. June 2013 on supervisory requirements for credit institutions and investment firms.

6) In particular, covered bonds, in particular covered mortgage bonds, mortgage bonds and other debt securities issued by a credit institution authorised in a country within the European Union or a country with which the Community has concluded an agreement in the financial sphere within 90%. by the officially notated Kurdish value of the value papiet. The securities which have been submitted for other assets may not be used.

7) Cartridge securities, shipwreck bonds, or in particular covered securities issued by a shipbuilding institution or credit institution, the mother or subsidiary of the ship ' s financial institution.

8) Guaranteed by or deposits in a credit institution that qualifies for the quality of credit quality 2 or better, cf. Article 129 (1). Paragraph 1 (a-c) and Article 129 (1). The first paragraph of the European Parliament and of the Council (EU) No, 575/2013 of 26. June 2013 on supervisory requirements for credit institutions and investment firms, after careful examination and prudential assessment in each case.

9) Similar safety with a similar particularly high liquidity and a similar particularly low counterparty risk. This will include the guarantee issued by or deposits in credit institutions authorised in the United States and which have obtained the best or the second best rating of an ECAI, cf. in Article 4 (4), 1, no. Regulation (EC) No 98 of the European Parliament and of the Council 575/2013 of 26. June 2013 on supervisory requirements for credit institutions and investment firms. In particular, the cash debt securities issued by such undertakings shall be included in a regulated market approved by a competent authority within 90% of the regulated market. by the officially notated Kurdish value of the value papiet. Deposits and securities submitted for other assets may not be used.

Paragraph 2. The under paragraph shall be : 1, no. The maximum number of security provided for the Foundation shall be combined with a maximum amount of the same size as 25%. the capital base, cf. Article 72 of Regulation (EU) of the European Parliament and of the Council 575/2013 of 26. June 2013 on supervisory requirements for credit institutions and investment firms, cf. section 24 (2). 1.

§ 17. The time limit for the loans granted by a ship ' s financial institution may not exceed 15 years from the date of payment of the loan and for construction loans not more than four years from the date of the first payment. The provision of the duration of the loan shall take due account of the average life expectancy of the ship and the age and dynamometer of the specific ship, etc. ;

Chapter 4

Special covered bonds-security, valuation and maturity

§ 18. This chapter shall apply when a ship ' s financial institution finances the amount of loans granted to the ship when the issue of special covered debt securities is issued.

§ 19. A ship ' s financial institution may finance lending by the issue of special covered bonds against security in the types of asset referred to in Article 129 (1). Paragraph 1 (a-c) and (g) and (c). 2, in Regulation (EC) No 2 of the European Parliament and Council. 575/2013 of 26. June 2013 on supervisory requirements for credit institutions and investment firms, cf. § 2 d, paragraph 1 ONE, ONE. pkt;, in the law of a ship ' s financial institution ;

20. Borrowing over 60 pctating, but within 100%. the value of the financed ship or the value provided for the security shall be granted only to the borrowing of this part of the loan to ensure security of the assets referred to in section 2 d (1). One, in the Act of a Shipping Financial Institute. The Foundation shall include the part of the loan, between 60 and 70 pctates, in the establishment of the solvency requirement of the institution ; for that part of the loan being given in excess of 70 pctates, the institution shall carry out a burden on the solvency of the institution, cf. Section 23, paragraph 1. However, the second paragraph is 2. and 3. Act. not, provided that the loan has been granted in accordance with the Agreement between the Danish State v / Economic and Commercial Minister and Denmark's Skibcredit fund " dated 13. June 2003 laid down conditions.

Chapter 5

Fleet Border

§ 21. Fleet dispatches are available if a borrower provides security for a loan in the form of a registered pawn in more than one ship, or if multiple borrowers provide security for one or more loans, in the form of the registered pawn in more than one ship. The naval panel shall include any other asset types other than the pant of the borrower to provide the loan for security.

Paragraph 2. A navant may be distributed in accounting terms between several capital centres, cf. section 43, provided that the following is agreed in the loan agreements :

1) cross-foundation, so that all borrowers shall be liable for all loans covered by the naval pits,

2) cross-breach, so that all loans covered by the fleet are falling if any of the loans are defaulted ;

3) the cryporient in such a way that all ships covered by the naval panel have been lodged with the security of all loans covered by the naval pits, and

4) borrowers shall undertake not to provide any security for other loans in the field or ships covered by the fleet (negative pledgeClause).

§ 22. In the calculation of the loan limits, cf. ~ 10 (1)) 1 and Section 3 of the valuation of pant and loans in ships intended for the safety of issuance of special covered debt securities, cf. Section 18 (2). 2, met at the time of the establishment and extension of a loan secured by fleet deploon, the ship ' s financing institute shall be able to comply with section 21 (1). 2, no. 1 4, carry out the inventory by aggregating the total value of all ships forming part of the fleet in question with the total value of all the loans for which the fleet has been lodged for security. In the case of the inventory, the account may only be counted as a panel of pantaries which are registered, cf. § 2 d, paragraph 1 1, 2 pkt;, in the Act of a Shipping Financial Institute.

Chapter 6

Capital conditions and solvency

-23. The capital base of a shipbuilding institute shall comply with the requirements of Article 92 of Regulation (EC) No 2 of the European Parliament and of the Council. 575/2013 of 26. June 2013 on supervisory requirements for credit institutions and investment firms. The Foundation shall be laid down for the Foundation in Article 92 (2). Paragraph 1 (c) of Regulation (EC) No 2 of the European Parliament and of the Council 575/2013 of 26. By the way, June 2013 on regulatory requirements for credit institutions and investment firms must be met in the individual capital centres and in the institute, by the way.

Paragraph 2. The Management Board of a ship ' s financial institution shall ensure that the Foundation has a sufficient capital base and has internal procedures for risk management and risk management for the continuous assessment and maintenance of a capital base of a the size, type and distribution appropriate to cover the risks of the institution. These procedures shall be subject to regular internal checks to ensure that they remain adequate and proportionate to the nature, extent and complexity of the institution ' s activities.

Paragraph 3. The Management Board and Executive Board of a ship ' s financial institution shall be based on the assessment provided for in paragraph 1. 2 shall set up the individual solvency requirements of the institution ; solvent needs shall be made up as the sufficient capital base as a percentage of the overall risk exposure. The solvency requirement cannot be less than the basic requirement for the requirement for capital in accordance with Article 92 (2). Paragraph 1 (c) and the minimum capital requirement laid down in Article 93 of Regulation (EC) No (EC) of the European Parliament and of the Council. 575/2013 of 26. June 2013 on supervisory requirements for credit institutions and investment firms.

Paragraph 4. The financial supervision may individually lay down a higher requirement on the capital base in the form of an addition to the base capital requirement laid down in Article 92 (2). Paragraph 1 (c) of Regulation (EC) No 2 of the European Parliament and of the Council 575/2013 of 26. June 2013 on supervisory requirements for credit institutions and investment firms. This individual solvency requirement is the assessment of the Finance-synet assessment of the institution ' s sufficient capital base as a percentage of the overall risk exposure. The SEC may also make requirements for the type of capital to be applied to the fulfilment of the individual solvency requirement.

Paragraph 5. The SEC may instruct a shipbuilding institute to carry out depreciation of assets and so on for the purposes of the inventory of the capital base.

Paragraph 6. § 124, paragraph 1. 4 and 7, in the Act of financial activities, shall apply mutatis mutis to a shipbuilding institute.

Paragraph 7. In cases where there is an overload of the solvency of the institution, the borrowing of the solvency calculation shall be deducted in the capital capital in the capital centres or in the institute, by the way. Where the balance of the loan is made of uncertainties, in the form of an accreditation value less than the added depreciation it may be added to 1. Act. the deductions are reduced by the difference.

Paragraph 8. The solvency of the solvency ratio is the proportion of the capital ' s capital, which exceeds the requirement of the capital base, cf. paragraph 1 and 4, after deduction, cf. paragraph 7.

§ 24. § 125 a-h, § 128, paragraph. The Regulation (EC) No 143 (3) and Section 140-143 a of the European Parliament and of the Council Regulation (EC) No 143 (a). 575/2013 of 26. In June 2013, the regulatory requirements for credit institutions and investment firms, respectively, on capital bases and capital requirements, shall apply mutatis muted to a shipbuilding institute.

Paragraph 2. A capital centre can absorb hybrid core capital and responsible pawn capital.

Paragraph 3. Byggelån covered by section 15 (s). 1, no. 3, forming part of the inventory of capital bases and risk-weighted exposures, cf. paragraph 1, with a weight of 2,0, to the extent to which the Funding Foundation ' s financing of the building loan is covered by section 12 (2) ; One and two, or section 14. The sum of the buildings loans after 1. Act. may not exceed 125%. of the solvency overcover, cf. Section 23, paragraph 1. 8.

Paragraph 4. The Minister for the Industry and Growth Minister may, after application

dispensers from the Buffer rate in § 125 f in the Act of Financial Company and to establish a new countercyclical buffer rate for a ship ' s financial institution, provided that it is required for the specific business model of the ship ' s financial institution.

Chapter 7

Gearing

§ 25. Part 7 of Regulation (EU) of the European Parliament and of the Council 575/2013 of 26. June 2013 on the supervisory requirements for credit institutions and investment firms on leverage shall apply by analoging to a shipbuilding institute.

Chapter 8

Temporary placement, liquidity, and concert rules, etc.

SECTION 26. The Management Board of a Shipping Foundation shall lay down rules for the Foundation ' s spread of risks, including the supervision and control of the Foundation ' s major exposure.

Paragraph 2. Article 389-394 as well as part 5 of Regulation (EC) No 2 of the European Parliament and of the Council 575/2013 of 26. June 2013 on supervisory requirements for credit institutions and investment firms, respectively, of large exposure and exposure to the transfer of credit risk shall apply mutatis mutilations to a shipbuilding institute.

Paragraph 3. If an exposure exceeds the prescribed limit set out in Article 395 (2), Regulation (EC) No 1, in the European Parliament and of the Council, 575/2013 of 26. June 2013 on supervisory requirements for credit institutions and investment firms, the institution shall immediately notify the level of exposure to the Financial supervision of the overrun.

Paragraph 4. The Administrative Board shall lay down rules for assessing whether the credit rating of borrowers is particularly good.

§ 27. section 146 and 147 a in the Act on financial activities, as well as section 6 of Regulation (EU) of the European Parliament and of the Council. 575/2013 of 26. June 2013 on the regulatory requirements for credit institutions and investment firms relating to liquidity shall apply by analogy to a shipbuilding institute.

Paragraph 2. Section 153 of the Act of Financial Company shall apply mutatis muctis to a shipbuilding institution subject to such notice. In addition to the assets referred to in section 153 (1), 1, no. 1 4, a shipbuilding institution may place resources to meet the provision in section 153, paragraph 1. 1, in the following assets :

1) Not deposited deposits in credit institutions authorised in a country within the European Union or a country to which the Community has concluded an agreement in the financial sphere.

2) Not deposited deposits in credit institutions authorised in the United States and which have obtained the best or the second best rating of an ECAI, cf. in Article 4 (4), 1, no. Regulation (EC) No 98 of the European Parliament and of the Council 575/2013 of 26. June 2013 on supervisory requirements for credit institutions and investment firms.

3) Not requested in particular liquid bonds issued by credit institutions as shown below no. 1 and 2 and are engaged in trade in a regulated market, which has been approved by a competent authority.

Paragraph 3. The under paragraph shall be : 2, no. The assets of a shipboard financial institution shall comprise a maximum of 25% of the assets listed in the Community. the funds to be placed in assets as set out in section 153 (1). 1, in the law of financial activities.

§ 28. The borrowing of a ship ' s financial institution shall be based on the issuance of debt securities, the financial allocation of the financial institution ' s capital base, cf. However, section 27, and the admission of loans to capital markets.

§ 29. Article 6-24 of Regulation (EU) of the European Parliament and of the Council 575/2013 of 26. June 2013 on supervisory requirements for credit institutions and investment firms and Chapter 12 of the Community on Corporate Rules, consolidation and so on shall apply mutatis muted to a ship ' s financial institution.

Chapter 9

Accounting and auditing

-$30. Chapter 13 of the Act on the Annual Report, Revision and Use of the Year ' s surplus shall apply mutatis muted to a shipbuilding institute.

Chapter 10

Capital Centers Accounts

§ 31. A ship ' s financial institution shall draw up separate accounts for capital centres, cf. section 2 e, in the Act of a Shipping Financial Institute.

Paragraph 2. The budget centers shall include a balance sheet and balance sheet and notes.

Paragraph 3. The records of capital centre accounts where the other has not been prescribed shall be drawn up for all the capital records together.

§ 32. In the balance sheet and balance sheet, balance must be made to individual capital centres and records to which the capital centre is to be assigned a particular share, cf. § 33.

§ 33. Where the capital centre is assigned a particular share, the ship ' s financing institute shall use a distribution key based on the total debt admission (bond admission etc.), cf. however, paragraph 1 3.

Paragraph 2. The total volume of debt is understood to be the mean of the primo and the ultimots concerned with the lending company.

Paragraph 3. The Shipfinancial Institute may use other allocation keys than the size of the debt after approval of the Financial supervision. If other distribution keys are used, these must be listed in a note.

§ 34. The resulting balance shall contain the following items :

1) Nettorenterevenues.

2) Net fees and commissions receipts.

3) Nettorente and fee revenues.

4) Courier adjustments and the yield of capital shares.

5) Costs of staff and administration, etc.

6) Loss and depreciation on debtors.

7) Score before tax.

8) Baby.

9) The result of the year.

Paragraph 2. If each capital centre has left capital deposits or senior capital directly associated with it, interest shall be made to these individuals and directly to the capital centre concerned.

$35. In the post of net income, cf. § 34, paragraph. 1, no. 1, the following shall be included :

1) Served by loans from credit institutions.

2) Rente out of loan.

3) Depreciation of the loan-out.

4) Rite of bonds.

5) Earnings of interest rates.

6) Interest for credit institutions.

7) Rente to issued bonds.

8) The index-writing of the issuer bonds.

9) Other interest rates.

10) Derived financial instruments including interest rates and currency contracts.

11) Nettorenterevenues in all.

Paragraph 2. The sum of the above items must be allocated to the individual capital centres, cf. the method in section 33.

Paragraph 3. The individual items, cf. paragraph 1, must be specified in a note.

§ 36. Under course adjustments and the yield of capital shares, cf. § 34, paragraph. 1, no. 4, the following shall be included :

1) Courier regulation of bonds, shares, etc., currency and financial instruments.

2) The exchange of capital shares.

3) Courier adjustments and the yield of capital shares in total.

§ 37. In the post expenses for staff and administration, etc., cf. § 34, paragraph. 1, no. The following shall be as follows :

1) Costs of staff and administration.

2) Other ordinary earnings.

3) Depreciation of material assets.

4) Expenditure for staff and administration, etc., in total.

Paragraph 2. The sum of the above items must be allocated to the individual capital centres, cf. the method in section 33.

Paragraph 3. The individual items, cf. paragraph 1, must be specified in a note.

§ 38. In the mail loss and depreciation on debtors, cf. § 34, paragraph. 1, no. 6, shall conclude all losses and depreciation on loan payments in the capital centre. Individual losses and abrasions in individual depreciation shall be placed directly to the capital centre concerned.

Paragraph 2. Depreciation in other depreciation, including group showing depreciation, must be distributed on the individual capital centres, cf. the method in section 33.

§ 39. Under the post, darling, see. § 34, paragraph. 1, no. 8, a total amount for tax of the income of the year will be deferred, tax and over-regulation of previous years ' tax. Each item must be specified in a note.

Paragraph 2. The tax rate of capital must be calculated by the current tax rate on the basis of the contribution of the individual capital centers to the overall result of the year ' s overall result for non-taxable amounts.

Balance

§ 40. The balance sheet for the balance sheet shall include :

1) Assets :

a) Loans.

b) Depreciation on loan-out.

c) Other assets.

d) Activate everything.

2) Liabilities :

a) Bright bonds.

b) Other passives.

c) Capital.

d) Liabilities in everything.

Assets

§ 41. Under the checkout, cf. § 40, no. Paragraph 1 (a) shall be furlled by loans against the pant of ships provided on the basis of the law of a ship ' s financial institution.

Paragraph 2. The one in paragraph 1. 1 the outstanding debts must be individualised and taken directly to the individual capital centre.

Paragraph 3. Individual depreciation on loan and the restants on loans must be individualized and taken directly to the capital centre.

Paragraph 4. Group view depreciation on loan should be distributed on the individual capital centres.

Paragraph 5. Loans are being used to meet the requirement to provide additional security to the capital centre to which the funds belong.

Paragraph 6. Debts interest on lending must be individualised and taken directly to the individual capital centre.

Paragraph 7. If the sum of the individualized passives of the capital centre, cf. § 40, no. 2 (d) exceeds the sum of the individualized assets of the capital centre, cf. § 40, no. in the case of paragraph 1 (d), the capital centre shall be residued to non-individualised assets such as to ensure that the assets and liabilities of the capital centre are identical and form part balance of the capital centre.

Liabilities

§ 42. Issued bonds and so on are to be individualised and taken directly to the individual capital centres.

Paragraph 2. The interest of couponing interest shall be individualised and taken directly to the capital centres concerned.

Paragraph 3. If the capital centre has left capital deposits or senior debt directly associated with it, interest shall be made for these individuals and directly to the capital centre.

Paragraph 4. If the sum of the individualised assets of the capital centre, cf. § 40, no. 1 (d) exceeds the sum of the individualized passives of the capital centre, cf. § 40, no. Paragraph 2 (d) shall be given non-individualized passives to such an extent that the capital centre's sum of assets and liabilities is identical and shall form part balance of the capital centre.

Paragraph 5. Deposited capital deposits and senior debt must be individualised and taken directly to the individual capital centres.

Paragraph 6. The equity capital must be individualised and taken directly to the individual capital centres in relation to the inventory of capital bases.

Fleet Border

§ 43. At the Fleet-Fleet, cf. Article 21, by the way, is to distribute the value of the fleet panel between capital centres and the financial institution. An accounting distribution may be carried out where the distribution is unique.

Paragraph 2. Has a shipbuilding financial institution, a borrower or several borrowers made additional security, cf. Article 2 of the law of a ship ' s financial institution may also carry out an accounting breakdown of the value of such additional securities between capital centres and the institute, by the way, provided that the additional certainties have been made ; the security of all loans covered by the relevant fleet.

§ 44. If a shipbuilding institution is to distribute the value of the fleet and the additional security measures, a shipbuilding institute shall establish an electronic register for each fleet and the additional certainties that indicate how, the value of the fleet and the additional security forces shall be divided between each capital centre and the institution, by the way. The term must be constructed so that at any time in the course of 24 hours an overview may be drawn up showing the distribution of the fleet and the value of additional security between each capital centre and the institution.

Paragraph 2. The Executive Board of a ship ' s financial institution shall lay down a business operation which, among other things, must establish

1) the establishment of the list of the inventory,

2) who has a daily responsibility for the list,

3) the list of whom to carry the inventory,

4) who shall check the inventory,

5) the daily updating of the date ;

6) how to take account of the value of the fleet's value so as to ensure that the value of the fleet at all times corresponds to the value of the special covered debt securities in the extent to which the fleet has been provided for security ;

7) control procedures, including the ongoing control of the distribution, cf. § 43, paragraph. 1,

8) comfort measures to control the compliance of the rules on assets, which are lodged with the safety of shipping bonds and in particular covered bonds, have been met ; and

9) a description and explanation of the allocation keys that are used, cf. § 43, paragraph. 1.

Reporting and publication

§ 45. The approved capital centers shall be reported to the Financial supervision, together with the approved annual report no later than eight days after the approval of the annual report.

Paragraph 2. Interim capital accounts shall be reported to the Financial Regulation at the latest by 15. Feb or next working day then.

Paragraph 3. The capital centre accounts shall be printed in summary in the annual report of a shipbuilding institution. The complete capital centre accounts for the individual capital centres must be able to be requisitioned by way of a request to a shipbuilding institute.

Paragraph 4. For the publication of the annual report of a ship ' s financial institution, a note shall be recorded in the following paragraph. 5 specified content.

Paragraph 5. The note about the capital centersheet, cf. paragraph 4, including consolidation transfers, which have occurred to or from the individual capital centres included in the financial institution of a ship ' s financial institution during the financial period, must contain information on the transfers of funds (net), including consolidation transfers. It must also be stated that the complete capital centre accounts for the individual capital centres may be requisitioned by way of a request to a shipbuilding institute.

Chapter 11

Aggregation, Termination and Crisis Management

§ 46. § 204, paragraph 1. 1, in the case of financial activities relating to aggregation, shall apply by analoging to a shipbuilding institute.

§ 47. Chapter 15, excluding section 223, in the Act of financial activity applicable to termination shall apply by analogous to a shipbuilding institute.

Paragraph 2. Section 223 of the Act concerning the granting of authorisation shall apply by analogous to a shipbuilding financial institution if it is not economically justifiable to operate such a business, cf. Section 11 (1). One, in the Act of a Shipping Financial Institute.

§ 48. Chapter 16 of the Act of Financial Enterprise on crisis management shall apply mutatis muctis to a shipbuilding institute.

Chapter 12

Delegated acts and implementing acts

§ 49. Legal acts adopted pursuant to Articles 456, Article 457, Article 459, 1. paragraphs (a) and (c), Article 460 (3), Paragraph 1 and Article 461 (1). 2, in Regulation (EC) No 2 of the European Parliament and Council. 575/2013 of 26. June 2013 on supervisory requirements for credit institutions and investment firms shall apply by analoging to a shipbuilding institute.

Paragraph 2. Legal acts on Article 392 of Regulation (EU) of the European Parliament and of the Council. 575/2013 of 26. June 2013 on supervisory requirements for credit institutions and investment firms adopted pursuant to Article 459, 1. in paragraph (b) of the Regulation of the European Parliament and of the Council (EU) No, 575/2013 of 26. June 2013 on supervisory requirements for credit institutions and investment firms shall apply by analoging to a shipbuilding institute.

Paragraph 3. Legal acts adopted by the European Commission, pursuant to the directive by the European Parliament and of the Council, 2013 /36/EU of 26. June 2013, in the case of access to the business of credit institutions, shall apply mutatis muth to a shipbuilding institute.

Paragraph 4. The Financial Control Agency may provide a whole or partial derogation from the rules on liquidity requirements issued pursuant to Article 460 (2). Regulation (EC) No 1, in the European Parliament and of the Council, 575/2013 of 26. June 2013 on supervisory requirements for credit institutions and investment firms.

Chapter 13

Penalty provisions

$50. Inherit of the provisions of section 3, 2. pkt., section 4, 1. pkt., section 11, section 12, paragraph 12. 1 and 4, sections 16, 17 and 20, section 21, paragraph. 2, SECTION 22, 2. pkt., section 23, paragraph. 1-3 and 7, section 24, paragraph THREE, TWO. pkt., section 26, paragraph. 1 and 3-4, section 28, section 31 (1). 1 and 2, section 32, section 33 (3). One and three, section 34-42, section 43, paragraph 4. ONE, ONE. pkt., and § § 44-45, penalty penalty penalty shall be penalised unless higher penalties have been inflicted on the other legislation.

Paragraph 2. A shipbuilding institution may be charged with criminal liability in accordance with the rules of the penal code 5. Chapter.

§ 51. Extreme provisions in the Act on Financial, or the Regulation of the European Parliament and of the Council (EU) No, 575/2013 of 26. June 2013 on supervisory requirements for credit institutions and investment firms, which shall apply mutatis muted to a shipbuilding institution, be punished in accordance with the rules set out in Section 373 (1). 1-3, in the law of financial activities.

Paragraph 2. The withdrawal of rules issued under the provisions of the Act of Financial Regulation and rules issued under Regulation (EC) No (EC) No (EC) No (EC) No (EC) No (EC) No 575/2013 of 26. June 2013 on regulatory requirements for credit institutions and investment firms applicable to a ship ' s financial institution shall be punished in accordance with Article 373 (3). 4, in the law of financial activities.

Paragraph 3. The withdrawal of provisions contained in the European Union regulations, which is adopted by the European Commission, pursuant to the Directive 2013 /36/EU of the European Parliament and of the Council of 26. Regulation (EC) No, June 2013, on access to the business of credit institutions and supervision of credit institutions and investment firms and the European Parliament and of the Council. 575/2013 of 26. June 2013 relating to regulatory requirements for credit institutions and investment firms, which shall apply mutatis muted to a ship ' s financial institution, be punished by rules issued by the Financial Supervisors pursuant to Section 373 (1). Ten, in the law of financial activities.

Paragraph 4. § 373, paragraph 6-9, rules issued in accordance with section 373 (a) (1). 1 on the violation of provisions relating to financial activities applicable to a ship ' s financial institution and Clause 374 in the Act of financial activities shall apply by analoging to a ship ' s financial institution and in the the provisions set out in a shipbuilding institute.

Chapter 14

Transitional provisions, reports, revision and changes

§ 52. Apart from Article 493, part 10 of Regulation (EU) of the European Parliament and of the Council of the European Parliament 575/2013 of 26. June 2013 on supervisory requirements for credit institutions and investment firms on transitional provisions, reports, audits and amendments shall apply mutatis muted to a shipbuilding institute.

Chapter 15

Entry into force

§ 53. The announcement shall enter into force on 5. February 2015.

Paragraph 2. At the same time, notice No 1513 of 15. In December 2010, a shipbuilding institute.

Financial supervision, the 27th. January 2015

Ulrik Nutgaard

/ Jørn Andersen

Official notes

1) The commotion contains provisions that implement parts of Regulation (EU) of the European Parliament and of the Council. 575/2013 of 26. June 2013, EC-tiding 2013, no. In 176, s. 1 (CRR).