Regulation On The Ads And The Submission Of Documents To The Banking Act

Original Language Title: Verordnung über die Anzeigen und die Vorlage von Unterlagen nach dem Kreditwesengesetz

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Read the untranslated law here: http://www.gesetze-im-internet.de/anzv_2006/BJNR324500006.html

Ordinance, the ads and the submission of documents to the German Banking Act (ad regulation - AnzV) AnzV Ausfertigung date: 19.12.2006 full quotation: "ad regulation by December 19, 2006 (BGBl. I S. 3245), most recently by article 2 paragraph 40 of the law of 1 April 2015 (BGBl. I p. 434) has been changed" stand: last amended by article 2 para 40 G v. 1.4.2015 I 434 for details on the stand number found in the menu under instructions this regulation is also the further implementation of Directive 2006/48 / EC of the European Parliament and of the Council of 14 June 2006 on the taking up and pursuit of the business of credit institutions (recast) (OJ EU no. L 177, p. 1) and Directive 2006/49/EC of the European Parliament and of the Council of 14 June 2006 on the capital adequacy of investment firms and credit institutions (recast) (OJ EU no. L 177, p. 201).
Footnote (+++ text detection from: 31.12.2006 +++) (+++ official note of the standard authority on EC law: implementation of EGRL 48/2006 (CELEX Nr: 306 L 0048) EGRL 49/2006 (CELEX Nr: 306 L 0049) +++) input formula the Federal Agency for financial services supervision prescribed - on the basis of § 24 para 4 sentence 1 and 3 in conjunction with § 2 para 1 sentence 2 and 3, of the Banking Act in the version of the announcement of 9 September 1998 (Federal Law Gazette I S. 2776) , of which section 2 para 1 sentence 2 and 3 last through article 6 No. 5 letter a of the Act of 21 June 2002 (BGBl. I p. 2010) and section 24 (4) by article 1 No. 30 of the law of 17 November 2006 (BGBl. I S. 2606) has been changed is, after hearing of the umbrella organisations of the institutes in consultation with the German Bundesbank and – on the basis of § 31 para 1 sentence 1 No. 1 of the Banking Act in the version of the notice of 9 September 1998 (BGBl. I S. 2776) in consultation with the German Federal Bank, in conjunction with § 1 No. 5 of the regulation to the delegation of powers to adopt regulations on the Federal Agency for financial services supervision of 13 December 2002 (BGBl. 2003 I S. 3), most recently by regulation of 17 November 2005 (BGBl. I S. 3187) has been modified : § 1 submission procedure (1) are the ads and the documents which are to refund or to submit and be restated by this regulation according to the banking law subject to deviating provisions in this regulation in single copy of the Bundesanstalt für Finanzdienstleistungsaufsicht (Federal Agency) and of the German Federal Bank headquarters responsible for the Institute. Ads and templates of documents of financial holding companies and mixed financial holding companies according to section 12a paragraph 1 sentence 3, § 3 and § 24 paragraph 3a of the Banking Act are the main administrative area in which the parent company according to § 10 paragraph 3 sentence 4 of the Banking Act in force from January 1, 2007 or the nationals of conglomerate companies from the banking and investment services sector with the largest balance sheet total is headquartered , to submit.
(2) credit institutions, which are connected to a cooperative audit Association or be examined by the audit body of a savings bank and Giro Association have, provided that a corresponding declaration of the Association of the Federal Agency, which under this regulation to rapporteur ads and referring to documents, with the exception of the display according to § 24 para 1a No. 4 of the Banking Act, through their association with one another, to submit for this particular issue. The Association has the advertisements and documents to the Federal Agency and the competent for the concerned Institute headquarters of the Deutsche Bundesbank in the number of copies, each specified in this regulation with his opinion, when savings banks together with the opinion of the section, to forward without delay. The Federal agency may waive the separate opinion of the audit authority.

§ 2 (dropped out) - section 3 ads by § 10 para 4a sentence 4 and para 4 sentence 4 of the Banking Act in connection with § 77 para 2 and 3 of the law on investment (Committee of experts unrealized reserves,) (1) ads by § 10 paragraph 4a sentence 4 of the German Banking Act are a the form "display according to § 10 paragraph 4a sentence 4 KWG" to file under Appendix 2 to this regulation at the request of the Federal Agency. The assessment documents to be submitted are also at the request of the Federal Agency.
(2) ads about the appointment of members of committees of experts according to § 10 para 4 sentence 4 of the Banking Act in connection with § 77 para 3 sentence 1 of the investment act as amended by force until 21 July 2013, leaving an expert or changes to the information given pursuant to sentence 2 are to submit the Bundesanstalt in duplicate. The ads about the appointment of members of committees of experts are to enclose the following documents: 1 a complete, signed curriculum vitae of experts containing all given name, maiden name, birthday, place of birth, address and nationality, a detailed statement of professional qualifications with evidence sufficient theoretical and practical knowledge in the real estate sector and in the field of collateral valuation of land, 2. a declaration according to § 5 para 1 sentence 1 No. 2 and set 2 and 3 one explanation of the expert , whether it is an employee of the Institute or one with this related company, Member of Board of supervisors of the Institute or one with this affiliated company, is economically dependent on other reasons from the Institute or with this affiliates in close relationships, personal or relational art to members of the Institute or is one with this related company, which can justify the risk of extraneous influence of the expert , or shares holds to the institution or one with this affiliates and what value have these capital shares.

§ 4 according to section 10, subsection 8, sentence 1 and 3 of the Banking Act (deduction loans) indicate according to section 10, subsection 8, sentence 1 and 3 of the Banking Act have information on the amount and the type of calculation of according to § 10 paragraph 2a sentence 2 No. 4 or 5 of the Banking Act of relevant percentage, credit conditions, and the collateral included. Ads are according to § 10 paragraph 8 sentence 3 of the Banking Act as a label change indicators. Loans displayed according to § 10 paragraph 8, sentence 1 of the German Banking Act are not again according to § 10 paragraph 8 sentence 3 of the Banking Act to indicate if the contractual changes in credit conditions limited to an adjustment of the interest rate according to the development of the market interest rate.

§ 5 ads according to § 24 para 1 No. 1 of the Banking Act (changes) (1) the ads by section 24 para 1 No. 1 of the Banking Act, of the intention of ordering a Managing Director and the authorization of a person to the single representation of the Institute in its entire business following documents shall be annexed: 1 a personally signed, complete curriculum vitae, all given names, maiden name, birthday, place of birth , the address and the nationality, a detailed statement of professional qualifications, the names of all companies for which that person has been active, and explanation of the nature of the respective activities, including ancillary activities, with the exception of ehrenamtlicher, must contain; When the type of the activity, in particular the representation power of this person, to present their internal decision-making and the business units subordinate to her within the company and 2. are a personally signed declaration of that person, whether currently against them a criminal case is in progress, whether a criminal proceedings for a crime or offence against them has been performed at an earlier stage or whether she or one of her secondary company as debtor in insolvency proceedings or in a procedure for the submission of an affidavit a similar procedure is involved or was.
In the declaration pursuant to sentence criminal proceedings can be disregarded 1 No. 2, which have been adjusted or terminated with an acquittal due to lack of sufficient suspicion of crime or because of a procedural obstacle, or where a recent entry in the central register of the Federal has been removed or deleted.
(2) there are further information, in particular on existing activities as Managing Director, supervisory board or Board of Directors of another company or through existing direct shareholdings of the Managing Director within the meaning of § 24 para 3 sentence 2 of the Banking Act, whereby each article 11 accordingly applies to grant and to submit further documents, in particular references, which prove the prior activities specified in the curriculum vitae, at the request of the Federal Agency.
(3) the preceding provisions shall also apply to the appointment of a Managing Director representative, who should have a manager of whose function is unavailable.

§ 6 ads according to § 24 para 1 No. 6 of the German banking law (branch and cross-border services without establishing a branch office in the third country) the display according to § 24 para 1 No. 6 of the German banking law must contain: 1. designation of the State in which the Branch Office established, relocated or closed or that cross-border services has been recorded or completed, 2.
the address of the branch office that has been built, moved or closed; When laying the branch also their new address and 3. the designation of all recorded bank or financial services in accordance with the requirements of § 1 para 1 sentence 2 and paragraph 1a sentence 2 of the German Banking Act.
Several at the same time to be submitted showing pursuant to sentence 1 can be summarized in an ad as long as their clarity remains.

§ 7 ads institutes according to section 12a paragraph 1 sentence 3, article 24 paragraph 1 number 12 and 13, section 24 paragraph 1a number 1 and 2, as well as section 31 paragraph 3 sentence 2 of the German Banking Act (qualified investments, deferred close links, investments or business relations with companies based in other countries, exemptions) (1) individual ads by institutions through active ownership by section 12a paragraph 1 sentence 3 of the Banking Act , Article 24, paragraph 1 to submit number 12 and 13 of the Banking Act as well as according to § 31 paragraph 3 sentence 2 of the Banking Act with the form of "active participation display" according to annex 3 of this regulation. Changes of the participation ratio single ad must be submitted when 1 the amendment reaches 20 percent, 30 percent or 50 percent of the capital or of the voting rights of the company, exceeded or fall below, 2. the company is a wholly owned subsidiary, or is no longer, the shares held in the company no longer or now this are 3 intended to support own business operations by establishing a permanent link , 4 directly held shares wholly or partly on a subsidiary transferred 5. wholly or partly indirectly held shares changed the number or the identity of the intermediary companies or shares are held now wholly or partly from the institution itself or redistributed among the stakeholders or 6 for the company the exemption of article 31 paragraph 3 sentence 1 of the Banking Act claim is taken.
(2) collecting ads of institutions through active ownership under section 24 of the Banking Act and section 31 paragraph 3 sentence 2 of the Banking Act are § 1a No. 1 and 2 as of December 31 last year until June 15 of the following year as a collection of continuously numbered part ad with the form "Deferred participation indicator" according to annex 3 of this regulation.
(3) indirectly held shares or voting rights are attributable to the companies indirectly involved each in its entirety.
(4) a participation ratio meets several display facts, is only a form to use. For every other notifiable interests in Associates, a separate form can be used, taking into account the rules of sentence 1. Complex shareholding structures the form "System for complex shareholding structures" is the display in addition to annex 4 to this regulation to be attached. Complex shareholding structures in particular are fiduciary relationships and investments, which are held at the same time directly or indirectly through one or more subsidiaries or a similar ratio or multiple participation chains.
(5) at the request of the Federal agency or the competent head office of the German Federal Bank are further information, in particular on book value, acquisition price and proceeds, to submit.
(6) the single ads and collecting ads should be submitted in the paperless procedure of the Deutsche Bundesbank. The Deutsche Bundesbank published on its Internet site the record formats to be used for a submission of data by way of remote data transmission and filing the way. It has to forward the indicators on the Federal agency filed with her. A credit institution named in section 1 subsection 2 takes part in the paperless submission procedure, it has by way of derogation from § 1 para 2 to submit only a copy in a format agreed with his Association to this. The association forwards only the referred comments to the Federal Agency and responsible for the concerned Institute headquarters of the Deutsche Bundesbank in single copy by way of derogation of § 1 para 2. When paper-based filing article 1 (7) applies (dropped out) § 8 ads according to § 24 para 1 Nos. 10 and 12 and section 24 para 1a No. 1 and 3 of the Banking Act (major holdings and liabilities side close links) pursuant to § 24 para 1 No. 10 and 12 of the Banking Act are (1) individual ads beyond passive participation means to submit "passive participation display" with the form according to annex 5 of this regulation. Changes of the participation ratio individual ads must be submitted when 1 the amendment reaches 20 percent, 30 percent or 50 percent of the capital or of the voting rights at the Institute, exceed or fall below, 3. directly held shares transmitted 2. which Institute is a subsidiary or affiliate of another company or is no longer wholly or partly on an intermediary company or 4 changed the number or the identity of the intermediary companies in whole or partly indirectly held shares or the shares are held now wholly or partially by the shareholders themselves.
(2) collecting indicators are ABS. 1a No. 1 and 3 of the Banking Act about passive ownership under section 24 to submit "passive participation indicator" as of December 31 of the previous year to June 15 of the following year with the form according to annex 5 of this regulation.
(3) paragraph 3, 4 and 6 shall apply mutatis mutandis § 7 subject to the proviso that the business relationship of the Institute to its sister company represents a complex shareholding structure in the sense of § 7 para 4 sentence 3.

§ To submit para 1a No. 4 of the Banking Act (number of domestic branches) (1) that display the number of domestic branches under section 24 is § 1a No. 4 of the Banking Act 9 collect ad according to § 24 per year until 31 January of the following year as of December 31 of the previous year. The Federal Agency is to display only on request to submit.
(2) there are also branch offices be taken into account, which were closed temporarily for a period of up to twelve months or are in calculating the number of branch offices. Not take into account branches, are the 1st only temporarily for a period of up to twelve months were built, provide 2 only automated banking or financial services or 3. serve only the operation of shops, that are not banking or financial services.

§ 10 ads according to § 24 para 2 of the Banking Act (Association of institutes) is the intention of institutions, to unite, from the participating institutions according to § 24 para 2 of the Banking Act to show when to assume on the basis of the negotiations is that the Association will come. The failure of merger negotiations is forthwith. The same applies the Association successful merger negotiations for the implementation of the law.

§ 11 according to § 24 para 3 sentence 1 of the German Banking Act (Managing Director) (1) indicate according to § 24 para 3 sentence 1 "Activities by business managers and people who actually conduct the business of a financial holding company or a mixed financial holding company" are no. 1 of the Banking Act with the form to submit according to annex 6 of this regulation.
(2) ads are according to § 24 para 3 sentence 1 No. 2 of the Banking Act using the form "Interests of business managers and people who actually conduct the business of a financial holding company or a mixed financial holding company" to submit according to annex 7 of this regulation. A change notification is to give up only if the participation reaches 30 percent or 50 percent of the capital of the company, exceeds or falls below. Article 7, par. 5 and 6 shall apply mutatis mutandis.

§ 12 ads are (1) according to Article 24a, paragraph 1, 3 and 4 of the Banking Act (establishment of a branch office and providing cross-border services in another State of the European economic area) Article 24a, paragraph 1, 3 and 4 of the Banking Act to submit separately for each State of the European economic area. The ads according to Article 24a, paragraph 1 and 3 of the Banking Act to the Federal Agency are in the case of host Nations Austria, Liechtenstein and Luxembourg a second copy and attach a translation into an official language of the host Member State in the case of the other States of the European economic area. If that section 24a, para 4 of the Banking Act of the competent authority of the host Member State not in an official language of this State is written change notification after this is an officially certified translation into such a language to add.
(2) a notification of the changes relating to section 24a, paragraph 4 of the Banking Act is also to submit when the branch closed or discontinued the cross-border service provided.
(3) the business plan must type in the intended business activities in accordance with the provisions of annex 1 of Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 on the taking up and pursuit of the business of credit institutions (recast) (OJ EU no. L 177, p. 1) and annex I of to 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 of the Council and Directive 2000/12/EC of the European Parliament and of the Council and repealing Directive 93/22/EEC of the Council (OJ EU no. L 145 p. 1, 2005 No. L 45 S. 18), by Directive 2006/31/EC of the European Parliament and of the Council of 5 April 2006 (OJ EU no. L 114 S. 60) is changed, call.
(4) according to section 24a, paragraph 1 of the Banking Act in addition the following provisions apply for ads: legal limitations on scope of the permission are 1 to present; Building societies have to point out that accepting deposits and making loans in the form of the Mitarbeitervorsorgekassen are to be operated.
2. all transactions contemplated, to be executed in the Branch Office are in particular to explain; their volumes and required staffing are appreciated for the first three years.
3. the establishment of several operating points in the host Member State is planned, further information to make is this.
4. the business plan must also represent the organizational structure of the branch. These are the internal decision-making powers, to describe the power of representation and the nature of the involvement of the branch in the internal control procedures of the Institute.
5. curriculum vitae of the head of the branch under special representation of their professional trajectories shall be attached.
Sentence 1 applies to section 24a, paragraph 4 of the Banking Act to display changes the conditions of existing branches according to.

§ 13 submission of documents pursuant to section 26 of the Banking Act (financial statements, location and test reports) in the submission of the adopted annual financial statements is the day of the determination to provide.

Viewing and submission of documents according to § 32 para 1 of the Banking Act (applications for permission) (1) requests and documentation according to § 32 para 1 of the Banking Act are section 14 to submit the Bundesanstalt in triplicate.
(2) in the amendments is to specify for which the banking transactions referred to in § 1 para 1 sentence 2 of the Banking Act or in section 1 paragraph 1a sentence 2 and 3 of the Banking Act financial services referred to permission is sought. Notarized copies of founding documents, of the social contract or articles of association as well as the proposed rules of procedure for the Executive Board shall be accompanied by the applications. The envisaged managers shall be appointed.
(3) for the detection of resources required to conduct business according to article 32, paragraph 1, sentence 2, no. 1 of the Banking Act is to submit a confirmation of depository institutions based in one State of the European economic area in that the initial capital is paid up and free of third party rights and free available managers. Also, the proof can be provided with the consent of the Federal agency via a written confirmation of an auditor who would be justified in case of licensing to the audit of the financial statements of the applicant, the existing capital, which must be established according to the principles applicable to institutions.
(4) to assess the reliability of the business leader you are no. 2 and set in § 5 para 1 sentence 1 to submit 2 declarations provided for.
(5) in order to assess the reliability of the applicant and the owner of major holdings and determining which application include whether permission to fail 3 or (3) of the Banking Act number is according to section 33, paragraph 1, sentence 1, in section 8 to include number 1 to 5, articles 9 to 11 and 14 of the owner control regulation declarations referred to and documents and to furnish information at the request of the Federal Agency. Each resume is according to § 10 of the owner control regulation to sign by hand. The §§ 4, 5 and 16 of the owner control regulation are to be applied accordingly.
(6) in order to evaluate the necessary for the management of the Institute technical suitability of the owner and the General Manager you are to submit these documents No. 1 in § 5 para 1 sentence 1.
(7) the application according to § 32 para 1 sentence 2 business plan for incorporation in no. 5 of the Banking Act has to contain the following information: 1. the nature of the proposed transactions under reasonable indication of its future development. This shall be presented recording of business plan financial statements and plan profit and loss accounts for the first three full fiscal years, 2. the representation of organizational construction of the Institute see Insert an organization chart, which can be seen in particular the responsibilities of the Director; It is to determine whether and where branches are to be constructed, and 3. the representation of scheduled internal control procedures of the Institute.
(8) at the request of the Federal Agency, are to provide more information and to submit documents, as far as this is necessary for the assessment that there are no grounds for the refusal of the requested permission.

§ 15 section 53a, sentence 2 and 5 of the Banking Act (representative offices of institutions headquartered abroad) (1) indicate on the establishment of a representative office according to § 53a sentence 2 of the Banking Act shall contain the following information: 1. exact name and address of the representative office, 2 name of the Director or the head of the representative office, 3. scope of activity of the representative office, 4 start date of the activity of the representative office , 6. address of the Head Office of the Institute, 7 registered the business objective of the Institute, 8. type of business activity of the Institute in the State of residence and, if it actually carried out notwithstanding 5 name, seat and address of the Institute, which established the representative office, in the State of the seat of the Central Administration and 9. name and address of the authority, whose rules the Institute in its home country, and, if this derogation , in the State of the seat of the Central Administration is subject to.
(2) the display on the establishment of a representative office the following documents shall be accompanied by: 1 a legally signed declaration of the Institute that it decided to set up the representative office and that pursuant to paragraph 1 No. 2 designated persons with the direction of the representative office has entrusted, 2. a statement that any banking business within the meaning of § 1 para 1 sentence 2 of the Banking Act are operated and no financial services within the meaning of § 1 paragraph 1a sentence 2 of the Banking Act provided and domestic name or the company of the Institute only with the addition of "Representative" is used, the last annual financial statements and management report of the Institute, and 4 a of the German diplomatic or consular representation in the country of domicile of the Institute certified 3. certificate of authority, the institution in its home country, and, if it different, subject to their supervision also in the country of domicile of the head office, to confirm this authority, that a) is subject to the Institute of its solvency or under local statute there is no solvency supervision of the Institute , b) the Institute has granted it permission to operate businesses in the State's banking business within the meaning of § 1 para 1 sentence 2 of the Banking Act or financial services within the meaning of § 1 sentence 2 of the German banking law is paragraph 1a, or a permit under local statute is not required, c) they the Institute and its subsidiaries , which are to be classified as credit institutions, financial institutions or ancillary service providers, monitored on a consolidated basis or such a supervisory force local statute is not intended) and (d) the Institute a general or special permit for the establishment of the representative office has received or that such a permit under local statute is not intended.
The documents set 1 No. 3 and 4 referred to in paragraph 2 shall be attached only at the request of the Federal Agency of the display.
(3) a change notification is also changes arising during the existence of the representation from those listed in the indicator of establishment of after § 53a sentence 2 of the Banking Act, to submit according to § 53a set 5 of the Banking Act.

§ 16 display of financial holding companies and mixed financial holding companies according to section 12a paragraph 1 sentence 3, also in connection with paragraph 3, as well as under section 24 paragraph 3a of the Banking Act (obligations of financial holding companies, mixed financial holding companies) (1) individual indicators of the financial holding company or of the mixed financial holding company according to section 12a paragraph 1 sentence 3, also in connection with par. 3 of the Banking Act and under section 24 para 3a set are 4 and 5 half-sentence 2 of the Banking Act to submit "Deferred participation indicator" according to annex 3 of this regulation with the form. Collecting ad according to § 24 para 3a set are 2 and 5 half-sentence 2 of the Banking Act to submit "active participation indicator" as of December 31 of the previous year to June 15 of the following year as a collection of continuously numbered part ad with the form according to annex 3 of this regulation. Section 7, subsection 1, sentence 2 and paragraph 3 to 6 shall apply mutatis mutandis.
(2) for the ads according to § 24 para 3a set 1 No. 1 and set 5 half-sentence 1 of the Banking Act of the intention of the order a person who actually is to conduct the business of the financial holding company or of the mixed financial holding company, applies section 5 according to.

§ 16a of the transitional provision of article 2 of this regulation in the version applicable up to March 24, 2009, is to apply to ads continue pursuant to section 2 c of the Banking Act in the version applicable up to March 17, 2009.

Article 17 entry into force, expiry this regulation enters into force on December 31, 2006.

(Dropped out) - Annex 1 Annex 2 (to section 3 para 1) display according to § 10 paragraph 4a set 4 KWG (unrealized reserves) (content: not viewable pattern of an ad, site: BGBl. I 2006, 3256) Appendix 3 (to article 7, paragraph 1 and 2, and article 16, paragraph 1) deferred participation display (content: not viewable pattern of an ad, site: BGBl. I, 2006, 3257-3259;)
regarding the details of the changes cf. footnote) Appendix 4 (§ 7 para 4, § 8 para. 3 and § 16 para 1) system for complex shareholding structures (contents: not viewable pattern of a plant, site: BGBl. I 2006, 3260) Appendix 5 (to article 8 para. 1 and 2) passive participation indicator (content: not viewable pattern of an ad, site: BGBl. I 2006, 3261-3263;)
regarding the details of the changes see footnote) Annex 6 (to § 11 para 1) activities by business managers and people who actually conduct the business of a financial holding company or a mixed financial holding company (display according to § 24 para 3 sentence 1 No. 1 KWG) (content: not viewable pattern of an ad, site: BGBl. I, 2006, 3264) Annex 7 (to § 11 subsection 2) investments by business managers and people who actually conduct the business of a financial holding company or a mixed financial holding company (display according to § 24 para 3 sentence 1 No. 2) KWG) (content: not viewable pattern of an ad, site: Federal Law Gazette I, 2006, 3265-3266)