Regulation on the delegation of powers to the Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht)

Unofficial table of contents

BAFinpowers

Date of completion: 13.12.2002

Full quote:

" Regulation on the delegation of powers to the Federal Financial Supervisory Authority of 13 December 2002 (Federal Law Gazette) for the adoption of legal regulations. 2003 I p. 3), as last amended by Article 2 of the Regulation of 19 December 2014 (BGBl. 2336). "

Status:

Last amended by Art. 2 V v. 19.12.2014 I 2336

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 15.1.2003 + + +) 
(+ + + Official note by the standard-provider on EC law 
 Implementation of the 
 EURL 36/2013 (Celex Nr: 32013L0036)  V.  19.12.2014 I 2336 
 Adjustment of the 
 TEU 575/2013 (Celex Nr: 32006L0048)  V.  19.12.2014 I 2336 + + +) 

  

Unofficial table of contents

Input formula

Due to the following provisions of the Securities Trading Act, as amended by the Notice of 9 September 1998 (BGBl. 2708):

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Section 9 (4) in conjunction with paragraph 3, as amended by Article 4 (9) (b) and (c) of the Law of 22 April 2002 (BGBl). 1310),

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Section 34 (2), second sentence, in conjunction with sentence 1, as amended by Article 4 (24) of the Law of 22 April 2002 (BGBl). 1310),

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§ 34a (3) sentence 2 in conjunction with the first sentence, the second sentence, as amended by Article 4 (25) of the Law of 22 April 2002 (BGBl). 1310),

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Section 36 (5), second sentence, in conjunction with sentence 1, as amended by Article 4 (27) (f) (aa) and (bb) of the Law of 22 April 2002 (BGBl). 1310),

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Section 37 (4) sentence 2 in conjunction with the first sentence, inserted by Article 2 (23) of the Law of 21 June 2002 (BGBl. 2010),

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§ 37i (1) sentence 4 in conjunction with sentence 3, inserted by Article 2 (24) of the Law of 21 June 2002 (BGBl). 2010), and

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§ 37m sentence 4 in conjunction with sentence 3, inserted by Article 2 (24) of the Law of 21 June 2002 (BGBl. 2010),

on the basis of the following provisions of the Securities Acquisition and Takeover Act of 20 December 2001 (BGBl. I p. 3822):

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§ 5 (2) sentence 2 in conjunction with the first sentence, the second sentence as amended by Article 1 (4) (b) of the Regulation of 29 April 2002 (BGBl). 1495),

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Section 6 (4), second sentence, in conjunction with the first sentence, the second sentence, as amended by Article 1 (5) (c) of the Regulation of 29 April 2002 (BGBl). 1495), and

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Section 47, sentence 3, in conjunction with the second sentence, the third sentence, as amended by Article 1 (31) (b) of the Regulation of 29 April 2002 (BGBl). 1495),

on the basis of the following provisions of the Law on Capital Investment Companies as amended by the Notice of 9 September 1998 (BGBl. 2726):

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Section 8c (3) sentence 4 in conjunction with the second sentence and the third sentence,

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Section 12 (1b), second sentence, in conjunction with the first sentence,

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Section 18 (2) sentence 6, in conjunction with sentence 5, inserted by Article 3 (14) (a) of the Law of 21 June 2002 (BGBl. 2010), and

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Section 24a (5), second sentence, in conjunction with the first sentence,

pursuant to Article 2 (6), second sentence, in conjunction with the first sentence of the Law on Pfandbriefe and related debt securities of public law credit institutions, as amended by the Notice of 9 September 1998 (BGBl. 440), as defined by Article 11a (1) (c) of the Law of 21 June 2002 (BGBl). I p. 2010),
on the basis of the following provisions of the Banking Act, as amended by the Notice of 9 September 1998 (BGBl. 2776), taking into account Article 6 (1) of the Law of 21 June 2002 (BGBl I). 2010):

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Section 1 (12) sentence 3, half-sentence 2 in conjunction with half-sentence 1, recast by Article 6 (3) (g) of the Law of 21 June 2002 (BGBl. 2010),

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§ 2 (5) sentence 4 in conjunction with sentence 3, the sentence 4 as amended by Article 2 (3) (b), double letter bb of the Law of 22 April 2002 (BGBl. 1310),

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§ 10 paragraph 1 sentence 3 in conjunction with sentence 2 and 4 and 5, recast by Article 6 (9) (a) of the Law of 21 June 2002 (BGBl. 2010),

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§ 10 (9) sentence 5 in conjunction with Section 24 (4) sentence 2, of which § 10 (9) sentence 5 by Article 6 (9) (f) of the Law of 21 June 2002 (BGBl. I p. 2010) and § 24 (4) sentence 2 of the Act of 22 April 2002 (BGBl.), Article 2 (25) (c), double letter bb of the Law of 22 April 2002. 1310),

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Section 11 (1) sentence 4 in conjunction with sentence 2 and 3 and 5, recast by Article 6 (11) of the Law of 21 June 2002 (BGBl. 2010),

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§ 22 sentence 5 in conjunction with sentences 1 to 4 and 6, sentence 5 as amended by Article 2 (22) of the Law of 22 April 2002 (BGBl). 1310), as amended by the first and second sentences of Article 6 (19) (a) and (b) of the Law of 21 June 2002 (BGBl. I p. 2010) and the sentences 3 and 4 inserted by Article 6 (19) (c) of the Law of 21 June 2002 (BGBl. 2010),

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Section 24 (4), second sentence, in conjunction with the first sentence, the second sentence, as amended by Article 2 (25) (c), bb of the Law of 22 April 2002 (BGBl). 1310) and the first sentence of Article 6 (21) (b) of the Law of 21 June 2002 (BGBl I). 2010),

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§ 25 (3) sentence 3 in conjunction with sentences 1 and 2, sentence 3 as amended by Article 2 (28) (b), double letter bb of the Law of 22 April 2002 (BGBl. 1310) and the last sentence as last amended by Article 6 (24) (b) of the Law of 21 June 2002 (BGBl). 2010),

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Section 29 (4), second sentence, in conjunction with sentence 1, as amended by Article 2 (32) (b) (aa) and (bb) of the Law of 22 April 2002 (BGBl). 1310), and

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Section 31 (1), second sentence, in conjunction with the first sentence, the second sentence, as amended by Article 2 (33) (a) of the Law of 22 April 2002 (BGBl). 1310), and

pursuant to § 6 (7) sentence 2 in conjunction with sentence 1 of the Mortgage Bank Act, as amended by the Notice of 9 September 1998 (BGBl. 2674), which is the subject of Article 11 (2) (c) of the Law of 21 June 2002 (BGBl. I p. 2010),
Orders the Federal Ministry of Finance: Unofficial table of contents

§ 1

The Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht) is authorized to

1.

Legal regulations in accordance with § 9 (4) no. 1 to 5, § 17 (7) sentence 1, § 20 (6) sentence 1, § 30h (4) sentence 1, § 34 (4) sentence 1, § 34a (5 sentence 1), § 34d (6), § 36 (5) sentence 1, § 36c (6) and Section 37i (1) sentence 3 of the Securities Trading Act,

2.

Legal regulations in accordance with § 1 (5) sentence 3, § 5 (2) sentence 1, § 6 (4) sentence 1 and § 47 sentence 2 of the German Securities Acquisition and Takeover Act (Act on the German Securities Acquisition and Takeover Act),

3.

Legal Regulations pursuant to § 2a (7) sentence 1, § 9 (5) sentence 1, § 9a (2) sentence 1, § 20 (4) sentence 1 and 2, § 28 (3) sentence 3, § 34 (3) sentence 1 and 2, § 36 (5) sentence 1 and 2, of § 41 (3) sentence 1 and 2, § 44 (7) sentence 1 and 2, § 51 (3) sentence 1 and 2, § 119 sentence 1 and 2 as well as § 128 paragraph 6 sentence 1 of the investment law, legal regulations in accordance with § 19f (3) sentence 1, § 40c (3) sentence 1, § 110 paragraph 7 Sentence 1 and Section 110a (5), first sentence, of the investment law, in agreement with the Federal Ministry of Justice and the legal regulations pursuant to § 143c (5) sentences 1 to 3 and the first sentence of the first sentence of paragraph 6, in agreement with the Federal Ministry of Justice and the Federal Ministry of Food, Agriculture and Consumer Protection,

3a.

Legal regulations in accordance with § 19 (6) sentence 1, § 26 (8) sentence 1, § 27 (6) sentence 1, § 28 (4) sentence 1, § 29 (6) sentence 1, § 30 (5) sentence 1, § 37 (3) sentence 1 to 3, § 68 (8) sentence 1, § 78 Paragraph 3, sentence 3, § 96 (4) sentence 1, § 117, paragraph 9, sentence 1, § 132, paragraph 8, sentence 1, § 166, paragraph 5, sentence 5, § 168, paragraph 8, sentence 1, § 197, paragraph 3, sentence 1, § 204, paragraph 3, sentence 1, of § 312, paragraph 8, sentence 1 and the second sentence of section 331 (2) of the capital investment code, legal regulations in accordance with the first sentence of § 38 (5), § 106 sentence 1, § 120 (8) sentence 1, § 121 (4) sentence 1, § 135 (11) sentence 1, § 136 (4) sentence 1, and § 185 (3) sentence 1 of the capital investment code respectively in agreement with the Federal Ministry of Justice and legal regulations in accordance with § 342 The first sentence of the first sentence of the first sentence of paragraph 5 and the first sentence of paragraph 6 of the capital investment code, in agreement with the Federal Ministry of Justice and the Federal Ministry of Food, Agriculture and Consumer Protection,

4.

Legal regulations pursuant to § 4 (6) sentence 1 and 3, § 5 (3) sentence 1 to 3, this also in conjunction with the third sentence of paragraph 2, § 16 (4) sentence 1 to 3, § 24 (5) sentence 1 and 2, and § 26d (3) sentence 1 and 2 of the Pfandbrief Act, respectively in agreement with the Federal Ministry of Justice,

5.

Legal regulations pursuant to § 10 (1) sentence 1 and 3, § 10a (7) sentence 1 and 3, § 11 (1) sentence 2, 3 and 5, § 13 (1) sentence 1 and 3, § 13c (1) sentence 2 and 4, § 22 sentence 1 and 3, this sentence also in conjunction with § 14 The first sentence of paragraph 1, the first sentence of Article 24 (4) and the third sentence of the first sentence of Article 2 (10), the second sentence of Article 2c (1) and the third sentence of Article 25e (3), the first sentence of Article 25a (6) and the third sentence of Article 25f (4) and the third sentence of Article 53j (3) and the first sentence of Article 5f (3) and the first sentence of Article 25f (3) and the first sentence of Article 2 of the Banking Act, in agreement with the Deutsche Bundesbank, and after consultation with the leading associations of the institutes, Legal regulations in accordance with § 51a (1) sentences 2 and 4 as well as § 51b (2) sentences 1 and 3 of the Banking Act in agreement with the Deutsche Bundesbank and after hearing of the top association of the housing companies with Savings institution, legal regulations in accordance with § 22d (1) sentence 2 and § 24c (7) sentence 1 of the Banking Act, legal regulation in accordance with § 25 (3) sentence 1 and 2 of the German Banking Act (Kreditwesengesetz) in agreement with the German Bundesbank, legal regulation in accordance with § 29 (4) sentence 1 and 2 of the German Banking Act (Kreditwesengesetz) with the Federal Ministry of Justice and Consumer Protection and after hearing the German Federal Bank and the Legal Regulation in accordance with § 31 (1) sentence 1 of the Banking Act in consultation with the Deutsche Bundesbank,

6.

Legal regulations in accordance with § 16 sentence 2 of the Sales Prospectus Act,

7.

Legal regulations in accordance with § 4 (3) sentence 1 and § 20 (3) sentence 1 and 2 of the Securities Prospectus Act in agreement with the Federal Ministry of Justice and legal regulations pursuant to § 27 (5) sentence 1 and § 28 (2) sentence 1 and 2 of the Securities Prospectus Act and

8.

Legal regulations in accordance with § 27 (2) sentence 1 of the Property Law

to the Commission. Unofficial table of contents

§ 1a

The Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht) is authorized to

1.

Legal regulations in accordance with § 5 (6) sentences 1 and 3 and § 11a (6) sentence 1 and 3, also in conjunction with § 118, § 64b (5) sentences 1 to 4, 6 and 6, § 81 (3) sentence 1, § 81c (3) sentence 1 and 3, § 81d The first and third sentences of paragraph 3, as well as the first and third sentences of § 104 (6) thereof, also in conjunction with Section 118 of the Insurance Supervision Act, in consultation with the supervisory authorities of the countries concerned,

2.

Legal regulations in accordance with § 55a (1) sentence 1 and § 57 (2) sentences 1 and 3, also in conjunction with § 118, of the Insurance Supervision Act, in consultation with the supervisory authorities of the countries after hearing the Insurance Advisory Board and

3.

Legal regulations in accordance with § 12c (1) sentence 1 and 3 in conjunction with paragraph 2, § 65 (1) sentence 1 and 3 in conjunction with paragraphs 2 to 4 and section 66 (3b) sentence 1, 2 and 4 of the Insurance Supervision Act, respectively in consultation with The supervisory authorities of the Länder and in agreement with the Federal Ministry of Justice

to the Commission. Unofficial table of contents

§ 1b

The Bundesanstalt für Finanzdienstleistungsaufsicht (Bundesanstalt für Finanzdienstleistungsaufsicht) is authorized to act in accordance with Section 22 (1) of the Financial Conglomerate-Supervisory Act in agreement with the Deutsche Bundesbank and after hearing the leading associations of the Federal Financial Supervisory Authority (Bundesbank). Institutions within the meaning of Section 1 (1b) of the Banking Act and of the Insurance Advisory Board in accordance with § 92 of the Insurance Supervision Act. Unofficial table of contents

§ 2

This Regulation shall enter into force on the day after the date of delivery.