Regulation On The Form And The Content Of The Cover Register Under The Mortgage Law And The Recording Of Entries

Original Language Title: Verordnung über die Form und den Inhalt der Deckungsregister nach dem Pfandbriefgesetz und die Aufzeichnung der Eintragungen

Read the untranslated law here: http://www.gesetze-im-internet.de/deckregv/BJNR207400006.html

Regulation on the form and the content of the cover register under the mortgage law and the recording of entries (cover register regulation - DeckRegV) DeckRegV Ausfertigung date: 25.08.2006 full quotation: "cover register regulation by August 25, 2006 (BGBl. I S. 2074), by article 7 of the law of March 20, 2009 (BGBl. I S. 607) is changed" stand: amended by article 7 G v. 20.3.2009 I 607 for details on the stand number you see in the menu see remarks footnote (+++ text detection off) : 1.9.2006 +++) input formula on the basis of article 5 par. 3 of the Pfandbrief Act of May 22, 2005 (BGBl. I S. 1373) in conjunction with § 1 No. 4 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), § 1 No. 4 last amended by article 7 No. 1 of the law of 22 June 2005 (BGBl. I p. 1698) , the Federal Agency for financial services supervision in agreement with the Federal Ministry of Justice decreed after hearing of the umbrella organisations of the banking industry: part 1 scope of application; General provisions article 1 scope of application; This regulation lays down the requirements on form and contents of the cover register according to § 5 para 1 sentence 1 of the Pfandbrief law, the form of records and receipts according to § 5 para 2 of the Pfandbrief Act, the manner of transmission of the records and the retention of the records by the Federal Agency for financial services supervision (Bundesanstalt) definitions (1).
(2) entries in this regulation are also deletion notices.

Article 2 form of the cover register; Entries can be made in accordance with part 3 in paper form or as electronic register (1) cover register.
(2) entries may be made only by persons specially authorized by the mortgage bank. the authorization and any changes must be documented. The documentation is to be kept for each person at least five years after the revocation of the authorization.

§ Against unauthorized access as well as damage or destruction by external influences such as fire or water to protect protection the cover register cover register 3.

§ 4 main - and lower register (1) for each Pfandbrief genus within the meaning of § 1 para 1 sentence 2 No. 1 to 4 of the Pfandbrief Act is to keep a separate register of the cover. Makes to the Mortgage Bank of § 51 of the Pfandbrief Act is use, the former for the affected mortgage genus guided cover register next to the sentence 1 leading cover register lead. Each cover register must the name of the Mortgage Bank and the heading "Cover register", associated with specifying the Pfandbrief genus of.
(2) in addition to the respective main register, no. 4 of the Pfandbrief Act to result in a lower register according to § 13 is for claims arising from derivative transactions within the meaning of § 19 para 1. Second to cover assets in the sense of § 18 para 1 case (foreign security rights), section 19 para 1 Nos. 1 to 3 and § 20 para 2 Nos. 1 and 2 of the Pfandbrief Act can be made more sub-tab. The affiliation of the lower register to the respective cover register is marked by the heading "Sub-tab to the cover register" with the addition of the Pfandbrief genus. In the main tab is to specify which lower register as constituents of the cover register are kept.
(3) lower register are applied according to § 5 paragraph 1 sentence 4 of the Pfandbrief Act, is to indicate the lower register through an entry in the cover register. The notice must identify the type of cover assets entered in the lower register. The cover assets entered in the lower register are to be provided with serial numbers in the lower register. The entries must according the articles 9 to 14 contain the information and the content of the forms of DR 1, laid down in appendices 1 to 3 are to play DR 2 and DR 3 in a clear form.

§ 5 completeness of the cover register (1) entries are allowed, provided that it is not to, billing errors or similar obvious mistakes, not subsequently be changed.
(2) entries are in the way permanently to make, that any subsequent changes are always visible. Through technical and organizational measures is to ensure that the original content is still detectable.
Be part of 2 additional requirements for electronic record keeping article 6 General requirements (1) which content of electronically guided cover register must be capable of playing permanently unchanged in human-readable form, as well as tamper-proof archived indefinitely.
(2) the contents of the electronic register of the cover can be made visible on the screen and in print in a manner, which fully covers the registrations form and content. The electronic cover register can be printed out at any time fully.

§ 7 technical and organisational measures to ensure data protection and data security (1) that data processing systems used must comply with the State of technology and the requirements of the annex to section 9 sentence 1 of the German Federal Data Protection Act. In particular, they must ensure that 1 their functions can be used only when is the user sure has the system (identification and authentication), 2 the use rights granted in the system are managed (permissions management), 3 the use rights granted shall be examined by the system (authorization check), 4 all access (enter, read, copy, modify, delete, lock) audit-proof are logged (revision ability), 5 systems without security risks can be restored (reprocessing) , 6 any corruption of the data stored by technical inspection mechanisms be immediately noticed can (authenticity) and be malfunctions occurring 7 immediately reported (reliability).
(2) the Mortgage Bank has to keep at least a full backup of each electronically guided cover register. The backup copy is on another disk to save as the cover register and to bring the cover register at this time has at least at the end of each working day on the stand.
Part 3 content of registrations article 8 it is general requirements (1) to ensure that coverage values be entered only if all requirements are met for their underwriting. Back-dated entries are not allowed.
(2) each cover value is to enter with a continuous number within the cover registry. The number may be reassigned after deletion of the cover value.
(3) a column of main - and lower register is to provide each for such remarks that clear legal assignment of the coverage value in addition to the other information required or can greatly facilitate the mapping.

§ 9 entries in the domestic of belegener mortgages and charges are domestically of belegener mortgages and land charges registration to perform according to the form shown in annex 1 DR 1 as follows: 1. the columns are 1 to 4 with "name the cover value" to override. In column 1 a are the sequential number within the cover registry subparagraph, subparagraph b awarded the Pfandbriefbank file number and letter c the registration date to specify that.
2. in column 2a is the contaminated land or leasehold right to enter. It can either description from the inventory of the land register are transferred or referred to the land registry journal. In the latter case the address of the property also must be stated. In column 2 enter the collateral value adopted at the underwriting is.
3. in column 3, the mortgage must be entered. To specify the serial number, under which the mortgage in the land register is registered, the currency and the amount registered in the land registry.
4. unless there is a mortgage, secured personal call to enter in addition is in column 4. To specify are the debtor, the currency, the notional amount and, unless derogation from the file number in column 1 letter b, the number of loans.
5. cancellation notices must be entered in column 5. To specify the column number and, where appropriate, the amount of the entry to be deleted, as well as the date of deletion. If the deletion in separate place in the register is indicated, at least the details of the cover value to be deleted in the column 1 and 2a are in addition to the deletion notice in column 5 to repeat. The signature of the trustee according to § 8 para 4, sentence 2 must clearly associated with the respective deletion endorsement of the Pfandbriefbank be half-sentence 2 of the Pfandbrief Act. Clear label cover value you want to delete can be on a separate sheet, which is not part of the cover register, the consent of the trustee.
6 the coverage value into a register, refinancing is according to § 22a or section 22 b of the Banking Act, this is to note: in column 6. The tab leader and the date of registration in the refinancing register shall be indicated.
7 detailed information about the scope of the section to cover specific and his rank compared to the part not to cover certain in column 6 are registered values are according to § 5 paragraph 1a sentence 1 of the Pfandbrief Act only partially to cover the mortgage bonds, note.
8.
Precise details of the creditors of the transmission right in column 6 are registered values paragraph 1a sentence 4 of the Pfandbrief Act wholly or in part by the mortgage bank as trustee administered pursuant to section 5, note; partial fiduciary management, number is 7 according to.

Section 10 registration foreign security rights are (1) entries of foreign security rights to perform according to the entries in the domestic of belegener mortgages and charges pursuant to § 9.
(2) where the terms of the land or land rights or the names of foreign security rights in the relevant public registers of the names according to the land registry regulations differ, are to use the names used in the public registers. The columns 2a and 3 of the form DR 1 are adapted accordingly. If the columns 2a and 3 for the then required entries due to the local peculiarities with the registration in the public register not enough sheets can be added to, which are part of the cover register. The sheets are to be marked 1(a) with a serial number from column.
(3) as far as situated land not in public registers are captured abroad, the address, size, and those are to enter common data within the respective legal systems that allow a clear identification of the land.

§ 11 entries cover values pursuant to section 20 para 1 of the Pfandbrief Act registration cover values pursuant to section 20 para 1 of the Pfandbrief Act are to perform according to the form shown in Appendix 2 DR 2 in the following way: 1 the columns are 1 to 3 with "name of the coverage value" to override. In column 1, the serial number of the registration in the cover register, under point (b) are institution-internal reference number referred to under a and subparagraph c to enter the registration date.
2. in column 2 is the debtor, stating the loan number, in the case of securities of the securities identification number, to enter.
3. in column 3 are the currency and the principal amount of the claim, as well as to specify the authority which issued the approval or warranty in cases of full warranty.
4. deletion notices are to be entered under the date in column 4. If the deletion in separate place in the register is indicated, at least the data of the value you want to delete in the columns 1 and 2 are, in addition to the deletion notice in column 4 to repeat. § 9 No. 5 set of 4 and 5 shall apply mutatis mutandis.

§ 12 entry cover values according to section 21 and section 26, paragraph 1 No. 1 of the Pfandbrief Act (1) entries of cover values based on article 21 and article 26, paragraph 1 No. 1 of the Pfandbrief Act are to make subject to paragraph 2 according to article 9.
(2) in column 2a the designation of the Nr.1B,c vessel or ship-building factory in the public register, as well as the designation of the registry and the Registrar takes the place of the name of the loaded property. In the case of securing rights according to § 22 para 5 of the Pfandbrief law, which do not serve to secure a personal claim, as well as in the case of abstract promises of debt or debt thetouring are secured by ship mortgage you are enter underlying loans in column 4. § 9 No. 4 sentence 2 shall apply accordingly.

§ 12a to undertake registration of cover values according to the sections 26a and 26f para 1 No. 1 of the Pfandbrief Act (1) which is registered cover values according to the sections 26a and 26f para 1 No. 1 of the Pfandbrief Act subject to paragraph 2 according to article 9.
(2) in column 2a the designation of the Nr.1B,c aircraft in the public register, as well as the designation of the registry and the Registrar takes the place of the name of the loaded property. In the case of rights according to § 26, b paragraph 5 of the Pfandbrief law, which do not serve to secure a personal claims, as well as in the case of abstract promises of debt or debt thetouring are secured by register liens pursuant to section 1 of the law on rights of air vehicles or by foreign aircraft mortgages, are to enter the underlying loans in column 4. § 9 No. 4 sentence 2 shall apply accordingly.

Article 13 registration of claims arising from derivative transactions is the registration of claims arising from derivative transactions in each sub-tab to perform according to the form shown in annex 3 DR 3 registration of derivatives included in the following way: 1 the columns are 1 to 8 with "name of the coverage value" to override. Column 1 contains under letter a sequence number within the cover register and under point (b) the registration date, column 2 the registration number of the Pfandbriefbank.
2. in column 3, the name and address of the contractor must be entered.
3. column 4 contains the name of the product and product-specific information, such as the amounts and currencies of exchange of capital, level of interest rates, as well as, where appropriate, other information that is required to uniquely identify of the contract.
4. in column 5, the registration number of the contractual partner is entered.
5 column 6 contains the term referred to under a the date of the financial statements, under point (b) and subparagraph c the maturity.
6. in column 7, you are to enter assets placed by the contractual partner as security for claims arising from derivative contracts of the Pfandbriefbank.
7. in column 8 the trustee may grant its required approval by name signature according to § 5 para 1 sentence 2 of the Pfandbrief Act. Unique designation of the derivative can be on a separate sheet, which is not part of the cover register, the consent of the trustee.
8 deletion notices are to be entered under the date in column 9. If the deletion in separate place in the register is indicated, at least the information of value in columns 1 to 3 and 6 to delete are in addition to the deletion notice in column 9 to repeat. § 9 No. 5 set of 4 and 5 shall apply mutatis mutandis.

§ 14 entry cover values according to § 4 paragraph 1 sentence 2, § 19 para 1 No. 1 and 2, article 20 para 2 No. 2 and section 26f para 1 Nos. 2 and 3 of the Pfandbrief Act entries cover values according to § 4 paragraph 1 sentence 2, § 19 para 1 No. 1 and 2, section 20, paragraph 2 must be no. 2 and section 26f para 1 Nos. 2 and 3 of the Pfandbrief Act always according to § 11 , as far as not uniquely identify the cover assets requires otherwise or additional information. In the case of cover values according to § 4, paragraph 1, sentence 2, no. 1 of the Pfandbrief Act is in addition to identify the particular shape of the debt. In the case of § 4 para 1 sentence 2 No. 3 of the Pfandbrief Act are to call the Bank and the account number instead of the debtor.
Part form of recording and transmission (1) which has record according to § 5 para 2 of the Pfandbrief law according to § 5 para 2 of the Pfandbrief Act § 15 4 records and receipts all entries which have been made during the last calendar months in the registers of the cover, to give back. The individual pages of the record are to be numbered consecutively and to connect together securely in an appropriate manner.
(2) the Mortgage Bank leads an electronic register of the cover, the recording can be made by contiguous print the entries of the last calendar half-year. The expression is to label as such and to provide with the date of data access.
(3) the entries can be submitted also by means of appropriate, not more than once-writable disk. The cover register are fully delivered in this case, the entries of the last half year are particularly marked.

§ 16 trustee confirmation (1) the trustee must confirm that the recording according to § 5 para 2 of the Pfandbrief Act fully reflects the entries of the last calendar half-year content agrees with them. In the case of the delivery of the full cover register according to article 15, paragraph 3, sentence 2, the confirmation refers only to these entries.
(2) the trustee can assure themselves of the completeness and content match also by means of a reasonable sample. If he makes use of this possibility, he has this within the framework of his acknowledgement to indicate. The sample is traceable to document the adequacy shall be justified.
(3) typo, billing errors and similar obvious mistakes may be corrected only by the mortgage bank.
(4) the confirmation has to be made in writing. § § 126 and 126a of BGB (Bürgerliches Gesetzbuch) (civil law for appropriate application. In the case of transmission according to § 15 ABS. 3, the trustee has that he cannot without noticeable damage again be removed, to add name signed in addition on a to be on the disk label, which must be permanently connected to the disk.

§ Storage by the Federal Agency, the Federal Agency has records 50 years to store 17. The records are to protect against unauthorized access as well as damage or destruction by external influences. The authority to access the records are limited to certain employees of the Federal Agency.
Part 5 final provisions article 18 transitional provisions
(1) cover register, which have led the Institute before entry into force of this regulation due to laws and providing a unique proprietary assignment of registered cover assets may continue until 31 December 2006 in the previous manner. After that, the requirements of this Regulation apply only to newly-bearing cover values.
(2) it is permitted to lead the electronic cover register only for the coverage values incoming from the time of its launch. The relevant time is to specify where in paper form as well as in the electronically guided part of the cover register. The uniformity of the cover register must establish by clear references to the components carried in paper form.

Article 19 entry into force this regulation enter into force on the day after announcement.

Appendix 1 (to section 9)... (not viewable form DR 1 cover register (mortgages) site: BGBl I 2006, 2078 annex 2 (to § 11)...) (not viewable form DR 2 cover register (municipal) site: BGBl I 2006, 2078 Appendix 3 (to § 13)...) (not viewable form DR 3 sub-tab to the cover register (Hypotheken)/(Kommunal)/(Schiffshypotheken) site: BGBl. I, 2006, 2078, concerning the individual changes see footnote)