Regulation on the levying of contributions to the Restructuring Fund for Credit Institutions (Restructuring Fund-Regulation-RstructFV)

Unofficial table of contents

RstructFV

Date of completion: 14.07.2015

Full quote:

" Restructuring Fund-Regulation of 14 July 2015 (BGBl. I p. 1268) "

Replaces V 660-8-1 v. 20.7.2011 I 1406 (RstructFV)

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Footnote

(+ + + Text proof: 23.7.2015 + + +) 

  

Unofficial table of contents

Input formula

Due to § 12g of the Restructuring Fund Act, which is defined by Article 3 (15) of the Law of 10 December 2014 (BGBl. I p. 2091), the Federal Government is responsible for: Unofficial table of contents

§ 1 Annual contributions to certain investment firms and to Union branches

(1) The annual contribution according to § 12b of the Restructuring Fund Act for institutions within the meaning of section 2 sentence 1, point 2 of the Restructuring Fund Act, which are the investment firms within the meaning of Article 96 (1) (a) or (b) of the Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on the prudential requirements of credit institutions and investment firms and amending Regulation (EU) No 646/2012 (OJ L 57, 27.2.2013, p. 1), or those listed in Annex I, Section A, point 8 of Directive 2004 /39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments, amending Directives 85 /611/EEC and 93 /6/EEC , and Directive 2000 /12/EC of the European Parliament and of the Council and repealing Council Directive 93 /22/EEC (OJ L 145, 31.7.2000, p. 1), but not the activities listed in Annex I (A) (3) and (6) of this Directive, shall be calculated in accordance with the provisions of paragraph 3. (2) The annual contribution referred to in Article 12b of the The restructuration fund act for institutions within the meaning of section 2, first sentence, point 3 of the Restructuring Fund Act shall be calculated in accordance with the provisions of paragraph 3. (3) The annual contribution of the institutions referred to in paragraphs 1 and 2 shall be calculated as follows:

1.

Institutions in which the sum of the liabilities referred to in Article 3, second sentence, point 11 of the Commission's Delegated Regulation (EU) No 2015/63 of 21 June 1994, is the Commission's decision of 21 December 2008. October 2014, supplementing Directive 2014 /59/EU of the European Parliament and of the Council with a view to making advance contributions to resolution financing mechanisms (OJ L 327, 22.12.2014, p. 44) net of own funds within the meaning of paragraphs 4 and 5 and covered deposits within the meaning of Article 3, second sentence, point 10 of the delegated Regulation (EU) No 2015/63 shall not exceed EUR 50 million, shall be paid as an annual contribution for each contribution period, a flat rate of EUR 1 000;

2.

Institutions in which the sum of the liabilities within the meaning of Article 3, second sentence, point 11 of the delegated Regulation (EU) No 2015/63, minus the own funds referred to in paragraphs 4 and 5, and covered deposits within the meaning of Article 3, second sentence, point 10 of the In the case of a delegated regulation (EU) No 2015/63, more than EUR 50 million and a maximum of EUR 100 million, the annual contribution for each contribution period shall be EUR 2 000;

3.

Institutions in which the sum of the liabilities within the meaning of Article 3, second sentence, point 11 of the delegated Regulation (EU) No 2015/63, minus the own funds referred to in paragraphs 4 and 5, and covered deposits within the meaning of Article 3, second sentence, point 10 of the In the case of a delegated regulation (EU) No 2015/63, more than EUR 100 million and a maximum of EUR 150 million, the annual contribution for each contribution period shall be EUR 7 000;

4.

Institutions in which the sum of the liabilities within the meaning of Article 3, second sentence, point 11 of the delegated Regulation (EU) No 2015/63, minus the own funds referred to in paragraphs 4 and 5, and covered deposits within the meaning of Article 3, second sentence, point 10 of the In the case of a delegated regulation (EU) No 2015/63, more than EUR 150 million and not more than EUR 200 million, the annual contribution for each contribution period shall be EUR 15 000;

5.

Institutions in which the sum of the liabilities within the meaning of Article 3, second sentence, point 11 of the delegated Regulation (EU) No 2015/63, minus the own funds referred to in paragraphs 4 and 5, and covered deposits within the meaning of Article 3, second sentence, point 10 of the Delegated Regulation (EU) No 2015/63 of more than EUR 200 million and a maximum of EUR 250 million shall be paid as an annual contribution for each contribution period, amounting to EUR 26 000;

6.

Institutions in which the sum of the liabilities within the meaning of Article 3, second sentence, point 11 of the delegated Regulation (EU) No 2015/63, minus the own funds referred to in paragraphs 4 and 5, and covered deposits within the meaning of Article 3, second sentence, point 10 of the In the case of a delegated Regulation (EU) No 2015/63, more than EUR 250 million and a maximum of EUR 300 million, the annual contribution for each contribution period shall be EUR 50 000;

7.

Institutions in which the sum of the liabilities within the meaning of Article 3, second sentence, point 11 of the delegated Regulation (EU) No 2015/63, minus the own funds referred to in paragraphs 4 and 5, and covered deposits within the meaning of Article 3, second sentence, point 10 of the Delegated Regulation (EU) No 2015/63 is more than EUR 300 million, pay as an annual contribution for each contribution period

a)

a lump sum of EUR 50 000 and

b)

plus EUR 25 000 per EUR 100 million per person above the sum of the liabilities within the meaning of Article 3, second sentence, point 11 of the delegated Regulation (EU) No 2015/63, minus own funds referred to in paragraphs 4 and 5 and covered deposits within the meaning of Article 3, second sentence, point 10 of the Delegated Regulation (EU) No 2015/63 of EUR 300 million.

The annual contribution calculated in accordance with the first sentence shall be calculated on the basis of the reference year of the annual accounts referred to in Article 14 (1) of the Delegated Regulation (EU) No 2015/63. Article 13 (5) of the Delegated Regulation (EU) No 2015/63 shall apply. (4) In calculating the contributions referred to in paragraph 3 for the institutions referred to in paragraph 1, the own resources shall be determined in accordance with the second sentence of Article 3 (2) of the Regulation. Delegated Regulation (EU) No 2015 /63.For the purpose of determining own funds in accordance with the first sentence, Article 3 (1) and (4) shall apply. (5) In calculating the contributions referred to in paragraph 3 for the institutions referred to in paragraph 2, the own resources shall be determined in accordance with The provisions of Section 53 (2) (4) of the Banking Act in force for the reference year referred to in paragraph 3 shall be subject to the following conditions: Version. For the purpose of determining the liabilities referred to in paragraph 3, a passive accounting balance shall remain unaccounted for at half. In order to determine the covered deposits referred to in paragraph 3, Article 3 (1) and (2) shall apply accordingly. Unofficial table of contents

§ 2 Annual contributions of small institutes

(1) The institutions contributing to the Restructuring Fund Act pursuant to Section 2, first sentence, points 1 and 2 of the Restructuring Fund Act, with the exception of the institutions referred to in Article 1 (1) of this Regulation, where the sum of the assets referred to in Article 3, second sentence, point 12 of the Delegated Regulation (EU) No 2015/63 to a maximum of EUR 3 billion, pay as an annual contribution for the first 300 million euro of the sum of the liabilities within the meaning of Article 3, second sentence, point 11 of the Delegated Regulation (EU) No 2015/63 less own resources within the meaning of Article 3, second sentence, point 16 of the delegated Regulation (EU) No 2015/63 and § 3 (4) and covered deposits within the meaning of Article 3, second sentence, point 10 of the Delegated Regulation (EU) No 2015/63 and § 3 (2), a lump sum pursuant to Article 10 (1) to (6) of the delegated Regulation (EU) No 2015/63. For the sum of the liabilities within the meaning of Article 3, second sentence, point 11 of the delegated Regulation (EU) No 2015/63, minus own funds and covered deposits, which exceed the amount of EUR 300 million, those institutions shall provide a Risk-adjusted annual contribution according to Articles 4 to 9 of the Delegated Regulation (EU) No 2015 /63. (2) The Federal Financial Market Stabilisation Agency shall examine, without prejudice to Article 10 (8) of the Delegated Regulation (EU) No 2015/63 and paragraph 3, in the case of the Calculation of annual contributions for small institutions within the meaning of Article 10 of the Delegated Regulation (EU) No 2015/63 and for the institutions referred to in paragraph 1, in respect of the respective institution of the contribution calculated in accordance with Article 5 of the Delegated Regulation (EU) No 2015/63 or the Regulation Delegated Regulation (EU) (3) The Bundesanstalt für den Bundesanstalt für den Bundesanstalt für den Bundesanstalt für den Bundesanstalt für den Bundesanstalt für den Bundesanstalt für den Bundesanstalt für den Bundesanstalt für den Bundesanstalt für den Bundesanstalt für den Bundesanstalt für den Bundesanstalt für den Bundesanstalt für den Financial market stabilisation may, without prejudice to paragraph 2, take the decision referred to in Article 10 (8) of the Delegated Regulation (EU) No 2015/63 shall also apply with regard to the institutions referred to in paragraph 1. Unofficial table of contents

§ 3 Annual basic contributions according to the Delegated Regulation (EU) No 2015/63

(1) As long as and to the extent that individual data from Annex II of the Delegated Regulation (EU) No 2015/63, which are required for the identification of the annual basic contributions under the Delegated Regulation (EU) No 2015/63, for the reference year of the Paragraph 1 of the Delegated Regulation (EU) No 2015/63 shall not be included in the notification of all institutions referred to in Article 14 (3) of the Delegated Regulation as specified in Article 3 of the delegated Regulation (EU) No 2015/63. (EU) No 2015/63, the identification of the missing data and the lack thereof shall be determined by the Notification to the Bundesanstalt für Finanzmarkstabilisation pursuant to paragraphs 2 to 4. (2) As long as and to the extent that an institution does not have the covered deposits pursuant to Article 3, second sentence, point 10 of the Delegated Regulation (EU) No 2015/63 at the balance sheet date of the The Bundesanstalt für Finanzmarktstabilise (Bundesanstalt für Finanzmarktstabilizes) is able to determine the reference year in accordance with paragraph 1 and to report it to the Federal Financial Market Stabilisation Agency. To this end, it shall apply the relationship between the covered deposits referred to in Article 3, second sentence, point 10, of the Regulation (EU) No 2015/63 and the liabilities item number 2 "Liabilities to customers" from form 1 of the Credit institution-accounting regulation or the corresponding size from comparable reporting data as of 31 July 2015 on liabilities item 2 "Liabilities to customers" at the balance sheet date of the reference year referred to in paragraph 1. For this purpose, the Institute has the amounts of the liabilities item number 2 "Liabilities to customers" as of 31 July 2015 or the corresponding size from comparable reporting data as well as the liabilities item number 2 "liabilities to customers" on the (3) As long as and as far as an institution is responsible for the liabilities arising from derivative contracts pursuant to the first sentence of Article 5 (3) of the Delegated Regulation (EU) No. 2015/63 shall not be determined at the balance sheet date of the reference year referred to in paragraph 1 and to the The Bundesanstalt für Finanzmarktstabilisers (Federal Financial Market Stabilisation Institute) is able to report this approach, the Bundesanstalt für Finanzmarktstabilise (Federal Financial Market For this purpose, the Institute of the Federal Financial Market Stabilisation Institute for the balance sheet date of the relevant reference year reports the carrying amounts of all liabilities arising from derivative contracts, such as those for the Institute from the application of the relevant financial market. Accounting rules in the annual financial statements as defined in Article 340a of the Commercial Code, plus the sum of the positive market values of the off-balance-sheet derivatives as replacement costs pursuant to the third sentence of Article 5 (3) of the Delegated Regulation (EU) No 2015 /63. (4) As long as and as far as an institute is Own resources within the meaning of Article 3, second sentence, point 16 of the delegated Regulation (EU) No 2015/63 cannot be determined at the balance sheet date of the reference year referred to in paragraph 1 and may be reported to the Federal Financial Market Stabilisation Agency, the Bundesanstalt für FinanzmarkStabilisation (Bundesanstalt für Finanzmarkstabilisation). For this purpose, the Institute shall report the liable equity in accordance with Section 10 (2) of the Banking Act as amended on 31 December 2013. Unofficial table of contents

§ 4 Risk factors and risk indicators referred to in Article 6 of the Delegated Regulation (EU) No 2015/63

(1) As long as and to the extent that individual data from Annex II of the Delegated Regulation (EU) No 2015/63, which are required for the identification of risk factors and risk indicators referred to in Article 6 of the Delegated Regulation (EU) No 2015/63, for the The reference year of the annual accounts referred to in Article 14 (1) of the Delegated Regulation (EU) No 2015/63 shall not be included in the notification of all institutions as defined in Article 3 and Annex I of the Delegated Regulation (EU) No 2015/63, in accordance with Article 14 (3) of the Delegates Regulation (EU) No 2015/63 shall be determined by the Identification of the missing data and their notification to the Bundesanstalt für Finanzmarktstabilise (Bundesanstalt für Finanzmarktstabilisation) in accordance with paragraphs 2 to 6. Article 8 (3) of the Delegated Regulation (EU) No 2015/63 applies accordingly. (2) The indicator "debt ratio" within the meaning of Article 6 (2) (b) of the Delegated Regulation (EU) No 2015/63 is the quotient of

1.

the liable capital in accordance with Section 10 (2) of the Banking Act as amended on 31 December 2013; and

2.

the sum of the assets referred to in Article 3, second sentence, point 12 of the delegated Regulation (EU) No 2015/63 plus the sum of item number 1 under the heading "contingent liabilities" and item number 2 under the line " Other Commitments " from Form 1 of the credit institution's accounting regulation.

(3) The "hard core capital ratio" indicator within the meaning of Article 6 (2) (c) of the Delegated Regulation (EU) No 2015/63 is the quotient of:

1.

the liable capital in accordance with Section 10 (2) of the Banking Act as amended on 31 December 2013; and

2.

the sum of 12.5 multiplied by the capital requirements for address risks, for operational risk and for market risk exposures in accordance with Article 2 (1) of the Solvency Regulation in the version applicable as at 31 December 2013.

(4) The indicator "total risk exposure, divided by the sum of the assets," within the meaning of Article 6 (2) (d) of the Delegated Regulation (EU) No 2015/63, is the quotient of the sum of 12.5 multiplied by the sum of the total assets of the Capital requirements for address risks, for operational risk and for market risk exposures in accordance with Article 2 (1) of the Solvency Regulation in the version in force as at 31 December 2013 and the sum of the assets referred to in Article 3 (1) 12 of the Delegated Regulation (EU) No 2015 /63. (5) The indicator "liquidity coverage rate" in the The meaning of Article 6 (3) (b) of the Delegated Regulation (EU) No 2015/63 arises from the liquidity ratio in the maturity band 1 in accordance with § 2 (1) sentence 3 (1) of the liquidity regulation in the version valid as at 31 December 2013. Article 8 (1) of the Delegated Regulation (EU) No 2015/63 shall apply accordingly. By way of derogation from the second sentence, institutions which have made use in the reference year of Article 10 of the Liquidity Regulation in the version in force as at 31 December 2013 may, in accordance with the first sentence, be at the level of the liquidity subgroup referred to in Article 8 (1) of the Delegated Regulation (EU) No 2015/63, provided that there are no institution-related values within the liquidity subgroup. (6) The indicator "Proportion of interbank loans and deposits in the European Union" within the meaning of Article 6 Paragraph 4 of the Delegated Regulation (EU) No 2015/63 shall include all except those set out in the second sentence of , as regards loans and deposits, notified to banks, insurance undertakings and other financial institutions in the country and in the European Union, as set out in the annual accounts established for the purposes of § 340a of the Commercial Code or in corresponding reporting data at the balance sheet date of the reference year referred to in paragraph 1. In the case of the indicator set out in the first sentence, claims and liabilities within the meaning of Article 5 (1) (f) of the Delegated Regulation (EU) No 2015/63 shall not be taken into account. Unofficial table of contents

§ 5 Additional risk indicators to be determined by the resolution authority

(1) The additional risk indicators to be determined pursuant to Article 6 (1) (d) of the Delegated Regulation (EU) No 2015/63 by the Federal Financial Market Stabilisation Agency shall be adopted in accordance with the following paragraphs: (2) The indicator "trading activity" referred to in Article 6 (5), first sentence, point (a) of the delegated Regulation (EU) No 2015/63 shall consist of equal weights from the following three sub-indicators:

1.

the quotient of

a)

the sum of the assets item number 6a "Trading Inventory" and the item number 3a "Trading Inventory" of form 1 of the credit institution's accounting regulation and

b)

the sum of the assets referred to in Article 3, second sentence, point 12 of the delegated Regulation (EU) No 2015/63;

2.

the quotient of

a)

the sum of the assets item number 6a "Trading Inventory" and the item number 3a "Trading Inventory" of form 1 of the credit institution's accounting regulation and

b)

the liable capital in accordance with Section 10 (2) of the Banking Act, as amended on 31 December 2013;

3.

the quotient of

a)

the sum of the assets item number 6a "Trading Inventory" and the item number 3a "Trading Inventory" of form 1 of the credit institution's accounting regulation and

b)

the sum of 12.5 multiplied by the capital requirements for address risks, for operational risk and for market risk exposures in accordance with Article 2 (1) of the Solvency Regulation in the version applicable as at 31 December 2013.

(3) The indicator "off-balance-sheet risks" referred to in Article 6 (5), first sentence, point (a) of the delegated Regulation (EU) No 2015/63 shall consist of equal weights from the following three sub-indicators:

1.

the quotient of

a)

the sum of item number 1 under the heading "contingent liabilities" and item number 2 under the heading "Other obligations" of form 1 of the credit institution-accounting regulation; and

b)

the sum of the assets referred to in Article 3, second sentence, point 12 of the delegated Regulation (EU) No 2015/63;

2.

the quotient of

a)

the sum of item number 1 under the heading "contingent liabilities" and item number 2 under the heading "Other obligations" of form 1 of the credit institution-accounting regulation; and

b)

the liable capital in accordance with Section 10 (2) of the Banking Act, as amended on 31 December 2013;

3.

the quotient of

a)

the sum of item number 1 under the heading "contingent liabilities" and item number 2 under the heading "Other obligations" of form 1 of the credit institution-accounting regulation; and

b)

the sum of 12.5 multiplied by the capital requirements for address risks, for operational risk and for market risk exposures in accordance with Article 2 (1) of the Solvency Regulation in the version applicable as at 31 December 2013.

(4) The indicator "Derivatives" referred to in Article 6 (5), first sentence, point (a) of the delegated Regulation (EU) No 2015/63 shall consist of equal weights from the following three sub-indicators:

1.

the nominal volume of the forward transactions, which have been included in the notes to the balance sheet date of the relevant reference year in accordance with Article 36 of the credit institution accounting regulation, divided by the sum of the assets in accordance with Article 3, second sentence, point 12 of the delegated Regulation (EU) No 2015/63;

2.

the nominal volume of forward transactions, which have been included in the notes to the balance sheet date of the relevant reference year in accordance with Article 36 of the credit institution accounting regulation, divided by the equity capital in accordance with Section 10 (2) of the Banking Act, as amended on 31 December 2013;

3.

the nominal volume of the forward transactions, which have been included in the notes to the balance sheet date of the relevant reference year in accordance with Article 36 of the credit institution accounting regulation, divided by the number multiplied by 12.5 Sum of the capital requirements for address risks, operational risk and market risk exposures in accordance with Article 2 (1) of the Solvency Regulation in the version applicable as at 31 December 2013.

For the calculation of the three sub-indicators, the nominal volume shall be reduced in accordance with Article 36 of the credit institution accounting regulation by one half of the proportion of those derivatives in the nominal volume referred to in Article 6 (6) (b) (i). (5) The additional risk indicators defined in paragraphs 2 to 4 shall be used for the calculation in accordance with Annex I to the Delegated Regulation (EU) No 2015/63 in each case a positive sign is assigned. The procedure referred to in Annex I, step 2, of the delegated Regulation (EU) No 2015/63 shall be applied individually for each of the nine sub-indicators defined in paragraphs 2 to 4. The additional risk indicators referred to in paragraphs 2 to 4 shall each account for one third of the relative weight referred to in Article 7 (4), first sentence, point (a) of Regulation (EU) No 2015/63. (6) For the purposes of the examination of the conditions pursuant to Article 6 (7) (a) and (b) of the Delegated Regulation (EU) No 2015/63 for the additional risk indicator referred to in Article 6 (5), first sentence, point (b) of the delegated Regulation (EU) No 2015/63, the Bundesanstalt für den Bundesanstalt für Financial market stabilisation in principle on the assessment of the competent authorities referred to in Article 6 Paragraph 9 of the Delegated Regulation (EU) No 2015/63, in particular on the authorisation of the application of Article 113 (7) of Regulation (EU) No 575/2013. In the event of compliance with the conditions set out in the first sentence, the maximum value of the bandwidth referred to in Annex I, step 3, of Regulation (EU) No 2015/63 shall, as a rule, be set at the Institute. In all other cases, the minimum value of the bandwidth is set. Unofficial table of contents

§ 6 Duty of notification

(1) The institutions responsible for financial market stabilisation pursuant to § 2 sentence 1 (1) (1) and (2) of the Restructuring Fund Act, with the exception of the institutions referred to in § 1 (1) of this Regulation, have the obligation to apply to the Federal Financial Market Stabilisation Agency (Bundesanstalt für Finanzmarktstabilisation) for the To identify the risk indicators in accordance with Article 5 of this Regulation. This obligation shall be in addition to the reporting obligations referred to in Article 14 (2) of the Delegated Regulation (EU) No 2015/63 and in accordance with Articles 3 and 4 of this Regulation. Article 14 (6) of the Delegated Regulation (EU) No 2015/63 shall apply accordingly. For the reference year of the annual accounts referred to in Article 14 (1) of the Delegated Regulation (EU) No 2015/63, in particular the following data shall be transmitted:

1.

the item number 6a "Trading Inventory" and the item number 3a "Trading Inventory" of Form 1 of the credit institution's accounting regulations;

2.

the item number 1 under the heading "contingent liabilities" and item number 2 under the heading "Other obligations" from form 1 of the credit institution's accounting regulations;

3.

the nominal volume of forward transactions, which have been included in the notes to the balance sheet date of the relevant reference year in accordance with Article 36 of the credit institution's accounting regulation;

4.

the proportion of derivatives that are accounted for through a central counterparty;

5.

the designation of the institute-related security system, which is a member of the Institute, and information on the design of the application of Article 113 (7) of Regulation (EU) No 575/2013;

6.

in the case of institutions belonging to a group which have been reorganised on receipt of public or comparable funds, such as a resolution financing mechanism, and which are still in the reorganization or the settlement process, the end date for the implementation of the reorganization plan;

7.

in the case of institutions which are in liquidation following receipt of public or comparable monies, such as a resolution financing mechanism, the duration of the liquidation plan.

(2) The institutions responsible pursuant to § 1 (1) and 2 (2) shall have the Bundesanstalt für FinanzmarktStabilisation (Bundesanstalt für Finanzmarktstabilisation) for the reference year of the annual financial statements referred to in Article 14 (1) of the Delegated Regulation (EU) No 2015/63, in particular: to submit the following data at the level of the individual undertakings:

1.

the sum of the liabilities within the meaning of Article 3, second sentence, point 11 of the delegated regulation (EU) No 2015/63, taking into account the provisions of Article 1 (5);

2.

the level of covered deposits within the meaning of Article 3, second sentence, point 10 of the delegated Regulation (EU) No 2015/63, taking into account the provisions of Article 1 (4) and (5);

3.

the amount of own funds referred to in Article 1 (4) and (5).

Articles 14 (3) and (5) and 17 (1), (3) and (4) of the Delegated Regulation (EU) No 2015/63 apply accordingly. (3) The Bundesanstalt für Finanzmarktstabilisation (Bundesanstalt für Finanzmarktstabilisation) can give the following to the members of the Federal Government pursuant to § 2 of the Restructuring Fund Act. (4) In accordance with § 2 of the Regulation, the provisions concerning the transmission of information pursuant to the Delegated Regulation (EU) No 2015/63 and the provisions of this Regulation shall also be communicated by means of publication on their website. (4) Institutions responsible for restructuring fund law have the Federal Institute for Financial market stabilization to confirm the factual and computational correctness of the information to be transmitted in accordance with the delegated regulation (EU) No 2015/63 and in accordance with paragraphs 1, 2 and 7. (5) The Bundesanstalt für Finanzmarktstabilisers may be subject to institutions which are subject to the provisions of Article 2 of the Restructuring Fund Act and which do not fall under the rules applicable to small institutions pursuant to Article 10 of the delegated regulation (EU) No 2015/63 or which do not make an annual contribution pursuant to Article 1 (3) of the Restructuring Fund Act of this Regulation shall require, in addition, that a statutory auditor shall objective and computational correctness of the information to be provided by these institutes of the Bundesanstalt für Finanzmarktstabilise (Federal Financial Market Stabilisation Institute). In the case of a cooperative or legal economic association, the auditor is replaced by the examination board in accordance with Section 340k (2) and (2a) of the Commercial Code and in the case of a savings bank, the Examination Office of a savings bank. Giroverband pursuant to § 340k (3) of the German Commercial Code. (6) The Federal Financial Market Stabilisation Agency may require additional evidence of the institution responsible for the financial market according to § 2 of the Restructuring Fund Act to obtain the information provided by the Federal Financial Market Act (Restructuring Fund Act). to verify the basis for a necessary institution responsible for the to obtain an estimate in accordance with Article 17 (1) of the Delegated Regulation (EU) No 2015/63; it may, in particular, require the submission of detailed overviews on individual calculation positions, the accuracy of which is due to the institution responsible for contributing to the decision (7) Insofar as the institutions contributing to the restructuring fund act according to § 2 of the Restructuring Fund Act cannot submit the annual accounts of the reference year under Article 14 (1) of the Delegated Regulation (EU) No 2015/63, since they are required to: In the event of a period of non-activity, the contribution calculation shall be based on Plan balance sheets for the respective contribution period. The Bundesanstalt für Finanzmarktstabilisation (Bundesanstalt für Finanzmarktstabilisers) can request the submission of a plan balance per contribution period from these new institutions. In so far as the positions and indicators required for the calculation of the annual contribution do not result from the plan balance, the Institute has to estimate these positions and submit them to the Bundesanstalt für Finanzmarktstabilise (Bundesanstalt für Finanzmarktstabilisation). (8) For the Transmission of the information referred to in paragraphs 1, 2 and 7 and of the confirmations referred to in paragraphs 4 and 5 to the Bundesanstalt für Finanzmarktstabilisation shall apply in accordance with the time limits laid down in Articles 14 (4) and (5) and 20 (3) of the Delegated Regulation (EU) No 2015/63. Unofficial table of contents

Section 7 Special contributions to certain investment firms and to Union branches

If special contributions are to be made by the institutions referred to in § 1 (1) and (2), their calculation shall be calculated in accordance with Section 12c (3) of the Restructuring Fund Act in accordance with the calculation of the annual contributions of the respective institutions in accordance with § 1 Paragraph 3. Unofficial table of contents

§ 8 Transitional Regulation

This Regulation shall apply from the 2015 contribution period. As from the 2016 contribution period, it shall apply only to those institutions which are subject to contributions under Article 2 of the Restructuring Fund Act and whose contributions are not made by the Committee in accordance with Regulation (EU) No 806/2014 of the European Parliament and of the European Parliament and of the Council of the European Communities. Council of 15 July 2014 laying down uniform rules and a single procedure for the settlement of credit institutions and certain investment firms within the framework of a single resolution mechanism and a single resolution Resolution Fund and amending Regulation (EU) No 1093/2010 (OJ L 136, 31.7.2010, p. OJ L 225, 30.7.2014, p. 1). Unofficial table of contents

§ 9 Entry into force, external force

This Regulation shall enter into force on the day following the date of delivery. At the same time, the Restructuring Fund Regulation of 20 July 2011 (BGBl. I p. 1406), as defined by Article 7 of the Law of 26 June 2012 (BGBl. 1375), except for force. Unofficial table of contents

Final formula

The Federal Council has agreed.