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Ordinance on contributions to the compensation facility of the Federal Association of Public Banks of Germany GmbH

Original Language Title: Verordnung über die Beiträge zur Entschädigungseinrichtung des Bundesverbandes Öffentlicher Banken Deutschlands GmbH

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Ordinance on contributions to the compensation facility of the Federal Association of Public Banks of Germany GmbH (EdVÖB-Contribution Regulation-EdVÖBBeitrV)

Unofficial table of contents

EdVÖBBeitrV

Date of completion: 10.07.1999

Full quote:

" EdVÖB-Contribution Ordinance of 10 July 1999 (BGBl. 1538), as last amended by Article 4 of the Regulation of 30 January 2014 (BGBl I). 322) has been amended "

Status: Last amended by Art. 4 V v. 30.1.2014 I 322

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 17.7.1999 + + +)   

Headline: Short name and name Letter abbreviation inserted. by Art. 1 No. 1 V v. 17.8.2009 I 2877 mWv 26.8.2009 Unofficial table of contents

Input formula

On the basis of § 8 (3) sentence 1 and 2 of the Deposit Guarantee and Investor Compensation Act of 16 July 1998 (BGBl. In 1842), the Federal Ministry of Finance, after hearing the compensation facility of the Federal Association of Public Banks of Germany GmbH, is responsible for: Unofficial table of contents

§ 1 Annual contribution

(1) Institutes assigned to the compensation facility of the Federal Association of Public Banks of Germany GmbH shall have an annual contribution of 0.016 per cent of the compensation institution to the compensation facility at the latest on 30 September each. Balance sheet item "Liabilities to customers" of the last annual financial statements prepared before 1 July, but at least EUR 5 000. Where an institution under the first sentence of 1 is a sounder or a warranty liability, the annual contribution shall be reduced to 0.010 per cent of the balance sheet item "liabilities to customers" of the last annual financial statements set up before 1 July; the annual contribution shall, however, be at least EUR 2 500. In the assessment of the contribution, the following items in the balance sheet item "liabilities to customers" may not be taken into account:
1.
Mortgage-Name Pfandbriefe,
2.
public name-to-name letters,
3.
other name bonds, which are subject to the conditions laid down in Article 52 (4) of Directive 2009 /65/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of laws, regulations and administrative provisions relating to certain Undertakings for collective investment in transferable securities (UCITS) (OJ L 136, 30.4.2004, p. OJ L 302, 17.11.2009, p.32, L 269, 13.10.2010, p.27),
4.
Management companies within the meaning of Article 1 (14) of the Capital Investment Code, having its head office in Germany or abroad, including the domestic and foreign investment assets they manage within the meaning of Article 1 (1) of the Capital Investment Code,
5.
liabilities to private and public insurance undertakings,
6.
Liabilities to the Federal Government, a country, a non-legally independent special fund of the Federal Government or of a country, a local authority, another State or a regional government or local authority of a other State,
7.
Liabilities to companies which form a group with the Institute within the meaning of Section 18 of the German Stock Corporation Act, without the legal form of the company being required to do so,
8.
Liabilities arising from securities exchange transactions,
9.
return obligations arising from securities lending operations and
10.
Liabilities that are not denominated in the currency of a State of the European Economic Area or Euro.
Where an institution makes use of the option provided for in the third sentence, it shall provide proof of the level of the deductions from an auditor or an accounting firm, provided that such evidence does not form part of the balance sheet of the (2) In place of the annual contribution provided for in paragraph 1, institutions may make an annual contribution of 1.1 per cent of the potential scope of the compensation claims in accordance with § 4 of the Deposit Guarantee and Investor Compensation Act at the time of the last annual financial statements prepared before 1 July, , at least, however, in the amount of EUR 5 000, provided that they are confirmed by an auditor or an auditor's company, by 30 June each year, of the potential extent to which they are compared with the compensation system; . Where an institution in accordance with the first sentence of paragraph 1 has an anstaltsload or a guarantee liability, the annual contribution in the sense of the first sentence shall be reduced to 1.05 per cent of the potential scope of the compensation claims in accordance with § 4 of the Deposit Guarantee Section. and investor-compensation law at the time of the last annual financial statements issued before 1 July; the annual contribution, however, amounts to at least EUR 2 500. (3) All institutions responsible for the compensation facility in the respective Accounting year are assigned or allocated, regardless of the Duration of the assignment. (4) The obligation to provide an institution shall end as soon as
1.
the Bundesanstalt für Finanzdienstleistungsaufsicht (Bundesanstalt für Finanzdienstleistungsaufsicht) has determined the case of compensation in accordance with Article 5 (1) of the Deposit Insurance and Investor Compensation Act and this finding has become indisputable or
2.
the permission of the institution has been revoked or returned, and no deposits or liabilities arising from securities transactions are present in respect of which a claim for compensation in accordance with Article 3 (1) of the compensation scheme is Deposit guarantee and investor compensation law is given.
In the case referred to in point 2 of the first sentence, the indemnification institution may require the institution to affirm a confirmation issued by the auditor of the institution or the accounting firm that such deposits and liabilities are not (5) The annual contribution of an institution shall not exceed 0.6 per cent of its own resources in accordance with Article 72 of Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements Credit institutions and investment firms and amending Regulation (EU) No 646/2012 (ABI. OJ L 176, 27.6.2013, p. 1). Unofficial table of contents

§ 2 One-off payment

(1) In addition to the annual contribution, institutions which are assigned to the compensation facility after 1 January 1999 shall pay a one-off payment of 0.06 percent of the tax base in accordance with § 1 (1), but at least 15 000 euros. (2) For the purpose of calculating the one-off payment, the institution shall, upon request by the compensation institution, make available immediately, within two weeks at the latest, the balance sheet of the compensation institution to be used. (3) The one-time payment will be made with the announcement of the one-off payment. Payment due. Unofficial table of contents

§ 3 (omitted)

- Unofficial table of contents

§ 4 Transitional provision

(1) § 1 in the version valid from 26 August 2009 applies for the first time to the collection of annual contributions for the accounting year 2008/2009. (2) In the case of institutions that have been assigned to the compensation institution before 26 August 2009, the one-off payment is to be made further in accordance with § 2 in the version in force until 25 August 2009. Unofficial table of contents

§ 5 Entry into force

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