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

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Regulation on the form and content of the coverage registers in accordance with the Pfandbrief Act and the recording of entries (Deckungsregisterverordnung-DeckRegV)

Non-official Table of Contents

DeckRegV

Date of departure: 25.08.2006

Full quote:

" Cover register regulation of 25. August 2006 (BGBl. 2074), as defined by Article 7 of the Law of 20. March 2009 (BGBl. I p. 607) "

:Modified by Art. 7 G v. 20.3.2009 I 607

See Notes

Footnote

(+ + + Text Evidence: 1.9.2006 + + +)

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Input Formula

Based on § 5 (3) of the Pfandbrief Act of 22. May 2005 (BGBl. 1373) in conjunction with Section 1 (4) of the Regulation on the delegation of powers to the Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht) of 13 December 2008. December 2002 (BGBl. 3), § 1 No. 4 as last amended by Article 7 (1) of the Law of 22. June 2005 (BGBl. 1698), the Bundesanstalt für Finanzdienstleistungsaufsicht (Bundesanstalt für Finanzdienstleistungsaufsicht), in agreement with the Federal Ministry of Justice, after hearing the leading associations of the credit industry:

Part 1
Scope of application; general rules

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§ 1 Scope of application; definitions

(1) This Regulation regulates the Requirements for the form and content of the coverage registers pursuant to § 5 (1) sentence 1 of the Pfandbrief Act, the form of records and confirmations pursuant to § 5 (2) of the Pfandbrief Act, the manner of transmission of the records, and the Storage of records by the Bundesanstalt für Finanzdienstleistungsaufsicht (Bundesanstalt für Finanzdienstleistungsaufsicht) (Bundesanstalt für Finanzdienstleistungsaufsicht). (2) Entries within the meaning of this Regulation are also deleted. Non-official table of contents

§ 2 Form of the coverage registers; entries

(1) The coverage registers may be in paper form or in accordance with the provisions of Part 3. electronic registers.(2) Only persons authorized by the Pfandbrief Bank shall be authorized to make entries; the empowerment and any changes to be made shall be documented. The documentation shall be kept for each person at least five years after the revocation of the authorization. Unofficial table of contents

§ 3 Protection of the coverage registers

Cover registers are subject to unauthorised access, as well as from damage or destruction particularly to protect by external influences such as fire or water. Non-official table of contents

§ 4 Main and sub-registries

(1) For each type of Pfandbrief within the meaning of Section 1 (1), second sentence, No. 1 to 4 of the Pfandbrief Act shall be a separate cover register. If the Pfandbrief Bank makes use of the possibility of Section 51 of the Pfandbrief Act, the previous coverage register for the Pfandbrief gate concerned must be kept in addition to the cover register to be held in accordance with the first sentence. Each congruent register shall bear the name of the Pfandbrief bank and the title "Cover Register", together with the indication of the Pfandbrief nature.(2) In addition to the respective main register, a sub-register according to § 13 shall be required for claims arising from derivative transactions within the meaning of Section 19 (1) (4) of the Pfandbrief Act. Further sub-registers may be held for coverage values within the meaning of § 18 (1) second case (foreign security rights), § 19 (1) no. 1 to 3 and § 20 (2) No. 1 and 2 of the Pfandbrief Act. The affiliation of the subregisters to the respective coverage register shall be indicated by the heading "Unterregister zum Deckungsregister" with the addition of the Pfandbrief genus. The main register shall indicate which sub-registers are to be listed as part of the coverage register.(3) If sub-registers are applied in accordance with Section 5 (1) sentence 4 of the Pfandbrief Act, an entry in the register register shall be made to indicate the sub-register. The reference shall indicate the nature of the cover values entered in the subregister. The cover values entered in the sub-register shall be provided with serial numbers within the sub-register. The entries must contain the information in accordance with § § 9 to 14 and should reproduce the contents of the forms DR 1, DR 2 and DR 3 provided in the annexes 1 to 3 in a clear form. Non-official table of contents

§ 5 Completeness of the coverage register

(1) entries may be received unless they are written errors, invoice errors or similar obvious inaccuracies, will not be changed retrospectically.(2) Entries shall be made permanently in such a way that any subsequent changes made may be discernable at any time. Technical and organizational measures ensure that the original content remains detectable.

Part 2
Additional requirements for electronic register guidance

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§ 6 general requirements

(1) The content of an electronically-managed coverage register must be permanent Can be reproduced unchanged in a legible form and archived in a permanent revision-proof manner.(2) The content of the electronic coverage register must be able to be made visible on the screen and in print in a way that completely reflects the entries in terms of form and content. The electronic coverage register must be able to be fully printed at any time. Non-official table of contents

§ 7 Technical and organizational measures to ensure data protection and data security

(1) The employed Data processing systems must comply with the state of the art and the requirements of the system in accordance with § 9 sentence 1 of the Federal Data Protection Act. In particular, they must ensure that
1.
can only use their functions when the User of the system is securely expelling (identification and authentication),
2.
the granted user rights are managed in the system (authorization management),
3.
the system checks the user rights granted (authorization check),
4.
all accesses (enter, read, copy, modify, delete, lock) are logged in a revision-proof way (audit capability),
5.
Recovered systems without security risks (reprocessing),
6.
Any falsifications of the stored data can be immediately noticed by technical inspection mechanisms (non-adulteration) and
7.
reported malfunctions are reported immediately (reliability).
(2) The Pfandbrief bank has at least one full backup copy of each electronically guided To keep the register of coverage. The backup copy shall be stored on a different data medium than the cover register and at least at the end of each working day to the level which the coverage register has at that time.

Part 3
Content of entries

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§ 8 General Requirements

(1) It is necessary to ensure that cover values are entered only when all the conditions for their inclusion are met. Redated entries are not allowed.(2) Each cover value shall be entered with a serial number within the coverage register. The number shall not be re-awarded after the deletion of the cover value.(3) A column of the main and sub-registers shall be provided in each case for such remarks, which may be necessary for the clear legal assignment of the cover value, in addition to the other information, or which may make the assignment considerably easier. Non-official table of contents

§ 9 Registration of mortgages and basic debt in the home country,

deposits in the home mortgage and mortgage Basic debt shall be carried out in accordance with the DR 1 form shown in Appendix 1:
1.
The columns 1 through 4 are to be overridden with the "name of the cover value". In column 1, point (a) is the serial number within the coverage register, under point (b) the file number assigned by the Pfandbrief bank, and under (c) the entry date.
2.
In column 2a, the loaded property or the same right is to be entered. Either the name can be taken from the inventory of the basic book or referred to the basic book sheet. In the latter case, the address of the land shall also be indicated. In column 2b, the cover value assumed during the cover-up is to be entered.
3.
In column 3, the basic right of property rights shall be entered. Specify the serial number under which the basic right is entered in the land register, the currency and the nominal amount entered in the land register.
4.
Insofar as it is is not a mortgage, in column 4 is to be entered in addition the secured personal claim. Indicate the debtor, the currency, the nominal amount and, if different from the file number in column 1 (b), the loan number.
5.
Delete to be entered in column 5. Specify the column number and, where applicable, the amount of the registration to be deleted and the date of deletion. In addition to the deletion note in column 5, if the deletion is noted at a separate point in the register, at least the information on the cover value to be deleted in columns 1 and 2a shall be repeated. The signature of the trustee pursuant to section 8 (4) sentence 2 of the Pfandbrief Act must be clearly assigned to the respective deletion note of the Pfandbrief bank. If the cover value to be deleted is unique, the trustee's consent may also be given on a separate sheet which is not part of the coverage register.
6.
If the cover value is entered in a refinancing register in accordance with § 22a or § 22b of the Banking Act, this is to be noted in column 6. The register-leading company and the date of registration in the refinancing register shall be indicated.
7.
Are registered values in accordance with § 5 (1a) sentence 1 of the Pfandbrief Act only partly to cover the Pfandbriefe, are precise information on the extent of the part and its rank to be covered in relation to the part not intended for cover in column 6.
8.
If registered values are managed in whole or in part by the Pfandbrief Bank as trustee pursuant to Section 5 (1a) sentence 4 of the Pfandbrief Act, precise information on the creditor of the Transfer claim in column 6; for partial fiduciary management, number 7 shall apply.
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§ 10 Registration of foreign security rights

(1) entries of foreign security rights shall be made in accordance with the entries in the home of mortgages and basic debt pursuant to § 9 of the German Federal Republic of Germany.(2) Where the designations of the land or the same rights or the designations of the foreign security rights in the respective public registers differ from the designations according to the basic book order, the actual names of the names of the property the names used in the public registers. The columns 2a and 3 of the form DR 1 are to be adapted accordingly. If columns 2a and 3 are not sufficient for the subsequent entry into the public register because of the local characteristics of the registration, leaflets may be added which become part of the coverage register. The leaflets shall be marked with the serial number from column 1 (a).(3) Where land situated abroad is not recorded in public registers, the address, the size and the data commonly used within the respective legal systems shall be entered, which shall be clearly identified by the Make the plot possible. Non-official table of contents

§ 11 Registration of coverage values in accordance with § 20 (1) of the Pfandbrief Act

Pfandbrief Act) entries of coverage values in accordance with § 20 paragraph 1 of the Pfandbrief Act shall be made in accordance with the DR 2 form shown in Appendix 2, in the following manner:
1.
The columns 1 to 3 are to be overwritten with the "name of the cover value". In column 1, point (a) is the serial number of the registration in the coverage register, under point (b), the internal file number of the institute and the entry date under (c).
2.
In column 2, the debtor is to be entered, specifying the loan number, in the case of securities of the securities identification number.
3.
In column 3, the currency and the nominal amount of the claim, as well as in cases of full warranty, are the place that issued the approval or warranty,
4.
Delete endorsements are to be entered in column 4, indicating the date. In addition to the deletion note in column 4, if the deletion is noted at a separate location in the register, at least the information on the value to be deleted in columns 1 and 2 shall be repeated. § 9 No. 5 sentence 4 and 5 shall apply accordingly.
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§ 12 Registration of coverage values in accordance with § 21 and § 26 (1) no. 1 of the Pfandbrief

(Pfandbrief Act) (1) Deposits of cover values pursuant to § 21 and Article 26 (1) No. 1 of the Pfandbrief Act shall be made subject to paragraph 2 in accordance with § 9.(2) In column 2a, the name of the loaded land shall be replaced by the name of the vessel or structure in the public register, and the name of the register and the register. In the case of rights in rem in accordance with Section 22 (5) of the Pfandbrief Act, which do not serve to secure a personal claim, as well as in the case of abstract debt promises or school dances, which are secured by ship mortgages , the underlying loan claims are to be entered in column 4. Section 9 (4), second sentence, shall apply accordingly. Non-official table of contents

§ 12a Registration of coverage values in accordance with § § 26a and 26f (1) No. 1 of the Pfandbrief Act

(1) The registration of The coverage values in accordance with § 26a and 26f (1) No. 1 of the Pfandbrief Act shall be made subject to the provisions of paragraph 2 in accordance with § 9.(2) In column 2a, the name of the loaded aircraft shall be replaced by the name of the aeroplane in the public register, and the name of the register and the register office. In the case of conditional rights pursuant to Section 26b (5) of the Pfandbrief Act, which do not serve to secure a personal claim, as well as in the case of abstract debt promises or school dances, which are provided by register rights according to § 1 of the Law relating to rights to aircraft or to foreign aircraft mortgages, the underlying loan requirements are to be entered in column 4. Section 9 (4), second sentence, shall apply accordingly. Non-official table of contents

§ 13 Registration of claims from derivative transactions

The registration of the claims from derivatives transactions into the respective The sub-register shall be made in accordance with the DR 3 form shown in Appendix 3, by registering the included derivatives in the following manner:
1.
The columns 1 through 8 are to be overridden with the "name of the cover value". In column 1, point (a) contains the serial number within the coverage register and, in point (b), the registration date, column 2 is the registration number of the Pfandbrief bank.
2.
In column 3, the name and address of the contract partner must be entered.
3.
Column 4 contains the name of the product, as well as product-specific information such as the amounts and currencies of the capital exchange, the level of interest rates and, where appropriate, further information necessary for the clear identification of the contract.
4.
In column 5, the registration number of the contract partner is entered.
5.
Column 6 contains under (a) the date of the individual financial statements, under point (b), the maturity and under (c) the maturity.
6.
In column 7, the assets to be entered are those which: the Pfandbrief bank has been placed by the contractual partner as collateral for claims arising from the derivatives business.
7.
In column 8, the trustee may be entitled to it according to § 5 (1) (1) Sentence 2 of the Pfandbrief Act shall give the required consent by means of a name signature. If the derivative is uniquely named, the trustee's consent may also be given on a separate sheet that is not part of the coverage register.
8.
Delete endorsements are to be entered in column 9 with the date specified. In addition to the deletion note in column 9, if the deletion is noted at a separate location in the register, at least the information on the value to be deleted in columns 1 to 3 and 6 shall be repeated. § 9 No. 5 sentence 4 and 5 shall apply accordingly.
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§ 14 Registration of coverage values in accordance with § 4 (1) sentence 2, § 19 (1) no. 1 and 2, § 20 (2) No. 2 and § 26f (1) No. 2 and 3 of the Pfandbrief Act

Pfandbrief Act) entries in accordance with § 4 (1) sentence 2, § 19 (1) No. 1 and 2, § 20 (2) No. 2 and § 26f (1) no. 2 and 3 of the Pfandbrief Act are shall, in principle, be carried out in accordance with § 11, unless the unambiguous identification of the cover values requires any other or additional information. In the case of cover values in accordance with Section 4 (1) sentence 2 no. 1 of the Pfandbrief Act, the special form of debt must also be marked. In the case of § 4 (1) sentence 2 no. 3 of the Pfandbrief Act, the account number must be named instead of the debtor.

Part 4
Records and confirmations pursuant to § 5 (2) of the Pfandbrief Act. Pfandbrief Act

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§ 15 Form of recording and transmission

(1) The recording in accordance with § 5 (2) The Pfandbrief Act shall fully reflect all entries made during the last half-year in the coverage registers. The individual pages of the recording are to be numbered consecutively and to be firmly connected in a suitable manner.(2) If the Pfandbrief Bank carries out an electronic coverage register, the recording can be made by printing the entries of the last calendar half-year in a coherent manner. The expression shall be marked as such and shall be marked with the date of the data retrieval.(3) The entries can also be transmitted by means of suitable data carriers which cannot be written more than once. If in this case the cover registers are transmitted in full, the entries of the last calendar half-year are to be made particularly marked. Non-official table of contents

§ 16 Confirmation of trustees

(1) The trustee has to confirm that the record is in accordance with § 5 (2) of the Pfandbrief Act completely reproduces the entries of the last calendar half-year and agrees with them in terms of content. Even in the case of the transmission of the full coverage registers in accordance with § 15 (3) sentence 2, the confirmation shall only apply to these entries.(2) The trustee can also convince itself of the completeness and content of the content by means of an appropriate sample. In so far as he makes use of this possibility, he shall be responsible for this in the context of his confirmation. The sample shall be documented in a comprehensible way, and the appropriateness shall be justified.(3) Write errors, invoice errors and similar obvious inaccuracies may only be corrected by the Pfandbrief bank.(4) The confirmation shall be made in writing. § § 126 and 126a of the Civil Code shall apply accordingly. In the case of the transmission in accordance with section 15 (3), the trustee shall additionally have on a sticker to be applied on the data carrier, which must be permanently connected to the data carrier in such a way that it cannot remove itself without discernible damage Shall be accompanied by its name signature. Non-official table of contents

§ 17 Storage by the Federal Institute

The Federal Office has kept the records for 50 years. The records shall be specially protected from unauthorised access and from damage or destruction caused by external actions. The powers to access the records are to be limited to certain employees of the Federal Institute.

Part 5
Final Provisions

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§ 18 Transitional provisions

(1) coverage registers that the institutions have already conducted before the entry into force of this regulation due to legal regulations and which allow for a clear allocation of the registered cover values, may be up to 31 December 2009. It will continue in the previous way. Thereafter, the requirements of this Regulation shall apply only to cover values to be re-entered.(2) It is permissible to keep the electronic coverage register only for the cover values added from the date of its introduction. The relevant date shall be indicated in the paper form as well as in the electronic part of the cover register. The uniformity of the coverage register shall be established by clear references to the constituents kept in paper form. Non-official table of contents

§ 19 Entry into force

This Regulation will enter into force on the day after the announcement. unofficial table of contents

Appendix 1 (to § 9)

... (non-representable form DR 1 Cover register (mortgages)
Fundstelle: BGBl. I 2006, 2078 Non-official table of contents

Appendix 2 (to § 11)

... (non-representable form DR 2 Deckungsregister (Kommunal)
Fundstelle: BGBl. I 2006, 2078 Non-official table of contents

Appendix 3 (to § 13)

... (non-representable form DR 3 sub-register for the cover register (mortgages)/(municipal)/(ship's mortgage)
Fundstelle: BGBl. I 2006, 2078
bzexcl. of the individual amendments, cf. Footnote)