Regulation on contributions to the compensation facility of the securities trading companies of the Kreditanstalt für Wiederaufbau (EdW Contribution Regulation-EdWBeitrV)

Unofficial table of contents

EdWBeitrV

Date of completion: 19.08.1999

Full quote:

" EdW-Contribution Ordinance of 19 August 1999 (BGBl. I p. 1891), as last amended by the Regulation of 16 July 2014 (BGBl. 1035).

Status:

Last modified by V v. 16.7.2014 I 1035

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.9.1999 + + +) 
(+ + + For application d.  § § 2, 2a, 2b, 2c, 2d, 5 u.  5b in the starting date of 22.7.2014 
 See current version  Section 7c (4) + + +)   

Headline: Short name and name Letter abbreviation inserted. by Art. 1 No. 1 V. v. 17.8.2009 I 2881 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 for institutions, is ordering the German Federal Ministry of Finance pursuant to § 6 (1) sentence 2 no. 3 of the Deposit Guarantee and Investor Compensation Act at the Kreditanstalt für Wiederaufbau: Unofficial table of contents

§ 1 Annual contribution

(1) Institutes assigned to the compensation institution for institutions pursuant to § 6 (1) sentence 2 no. 3 of the Deposit Guarantee and Investor Compensation Act to the Kreditanstalt für Wiederaufbau (compensation facility) have to the Compensation facility at the latest on 30 September each year. The amount of an institution's annual contribution shall be determined in accordance with § § 2 to 2d, but shall not exceed 10 per cent of the annual surplus plus the costs of a profit community, a profit or loss of profit or loss of profit or loss of profit or loss of profit or loss of profit or loss of profit or loss of profit. Partial profit and loss of profit. The formation, dissolution and use of provisions of the institutions for contribution obligations under the Deposit Guarantee and Investor compensation Act shall not be taken into account in the determination of the annual surplus according to sentence 2. The institutions have to show in detail the formation, dissolution and use of provisions for contributions to contributions to the compensation institution on presentation of the annual financial statements noted. (1a) The Annual contribution amounts to at least EUR 1 050 for each associated institute. An annual contribution of at least EUR 2 100 shall be levied for institutions empowered to obtain ownership or ownership of funds or securities of clients in the provision of their services. § 2a (2) and § 2b (2) shall apply accordingly. (2) Institutions which are assigned to the compensation facility on 1 January before the due date of the annual contribution shall be subject to contributions. The annual contribution shall be reduced by 75 per cent for institutions which leave the compensation facility from 1 January to 31 March, 75 per cent, for institutions which leave from 1 April to 30 June against contributions due to contributions; by 50 per cent. (3) The annual contributions are due with the announcement of the annual contribution orders, unless the compensation facility determines a later maturity date. Unofficial table of contents

Section 2 Calculation of the annual contribution

(1) The annual contribution shall be calculated from the contributions relevant to the contribution referred to in paragraph 2, multiplied by the respective contribution rate of the institution in accordance with § § 2a and 2b. (2) To determine the yields relevant to the contribution, use shall be made of:

1.

all gross profit and

2.

gross income of the commercial stock not derived from unrealised profits.

In the determination of the yields relevant to the contribution, account may be taken of the expense arising from hedging transactions in connection with commercial transactions as well as risk charges which are to be deducted in accordance with Section 340e (3) sentence 1 of the Commercial Code. Income from the dissolution of the special item in accordance with § 340g in conjunction with Section 340e (4) sentence 2 of the Commercial Code shall not be taken into consideration. After taking into account the costs arising from hedging transactions, it is also possible to take no account of the yields relevant to the contributory income:

1.

Gross profit earnings refunded to customers and shown at the same time as gross inspection effort,

2.

Gross commission income received by other institutions within the meaning of Article 1 (1) of the Deposit Guarantee and Investor compensation Act or other deposit credit institutions or securities trading companies within the meaning of Section 1 (3d) of the Credit law in other countries of the European Economic Area for the implementation of parts of securities transactions and at the same time being reported as a gross expenditure on the credit sector,

3.

gross income of the trading stock not originating from unrealised profits, in so far as it exceeds the net income from the comparison of the related transactions in the context of procurement operations,

4.

Gross commission income not derived from securities transactions within the meaning of Article 1 (3) of the Deposit Guarantee and Investor Compensation Act,

5.

Gross profit from the gross profit, which is designated as the Courtagen for Pool Balance,

6.

90 per cent of gross profit receivable and the gross income of the trading stock not derived from unrealised profits, each of which comes from transactions with the customers, which are based on the provisions of Section 3 (2) of the Deposit Guarantee and Investor compensation law shall not be entitled to compensation in so far as such income does not also result from transactions with end customers entitled to compensation; and

7.

90 per cent of gross profit receivable and the gross income of the commercial stock not derived from unrealised profits, each of which comes from those transactions with other institutions which the other institutions have made in their own name.

In the case of income falling below a number of reductions in the rate of reduction of the rate of 4, only a reduction in the rate of reduction can be applied at a time. The reductions in rates according to sentences 2 to 4 may only be applied if the institution requests the compensation institution to take their account into account at the latest on 1 July of the relevant accounting year and which applies to the Use of the disclosures required by the auditor, as well as the amount of the remaining income, by the confirmation of a chartered accountant or an accounting firm. The mere presentation of an annual financial statements or audit report does not replace the application even if the documents show that the presence of a reduction in the number of abattises is to be obtained. If the evidence does not exist no later than 1 July of the relevant accounting year, the provisions of the second sentence of paragraph 5, 3 and 8 shall apply, with the proviso that a surcharge shall be levied only in so far as it does not contribute to a higher contribution than that of: Failure to take account of the reductions in the rates of reduction. If the application is submitted after 1 July, or if the proof is not submitted before the end of August 15, the application shall be rejected. The time limits set out in the sentences 6, 8 and 9 are excluded periods. (3) The annual financial statements, together with the audit report for the last year before 1 March of the respective accounting year, are decisive for the calculation of the annual contribution. Fiscal year ended If this is an annual financial statements for a financial year, the figures are to be added to a full fiscal year. If the financial year of the financial year is preceded by a further financial year of the financial year, and the two financial years together result in one year, the figures for the calculation of the annual contributions shall be calculated from the addition of the financial statements of the financial statements of the Numbers specified in the fuselage years. If newly allocated institutions had not established an annual financial statements for the last financial year preceding 1 March, or they had drawn up an annual financial statements which did not provide for an allocation to the compensation facility of the In order to calculate the annual contribution, securities trading companies shall be responsible for the calculation of the annual contribution in accordance with the provisions of Section 32 (1), second sentence, point 5, and sentence 3 of the Banking Act, in conjunction with Section 14 (7) (7) of the German Banking Act. 1 of the ad regulation prior to the recording of the transactions to be submitted Plangewinn-und -lossstinvoice for the first financial year. (4) The factual and computational correctness of the information required for the calculation of the annual contribution must be provided by the compensation institution through the confirmation of an auditor or an auditor The audit firm shall be shown. This shall not apply to a plin and loss account within the meaning of the fourth sentence of paragraph 3. The presentation of an annual financial statements confirmed by an auditor or an accounting firm, together with the relevant audit report, shall be submitted as confirmation, insofar as the information required in each case has been submitted. expressly resulting from this. The certificate referred to in the first sentence and the information referred to in paragraph 2 or section 2b may be recognised by the compensation institution only if the liability of the auditor or the accounting firm is not held against the Compensation facility is not excluded and the liability for damage caused by negligence has not been limited beyond the limits laid down in § 54a of the Code of Public Accountants. Additions by the auditor or the accounting firm to the audit report on a statement of annual financial statements confirmed by the auditor or by an audit firm may also be made available under the The conditions set out in the fourth sentence shall only be accepted if it is confirmed by the additions that the information required for the calculation of the annual contribution or the information on paragraph 2 or section 2b is factual and correct. The compensation institution shall have the power to require further evidence from the institution in order to verify the existence of the bases of assessment; it may, in particular, require detailed overviews on individual yields, the (5) The amount required for the calculation of the annual contribution and referred to in paragraph 4 of this Article shall be confirmed by an insurance policy in lieu of the management or the declaration of an auditor or an accounting firm. confirmed information shall be provided by the Institute of Compensation submit no later than 1 July of the respective accounting year. If the required and confirmed data are not available on 1 July, the institution shall return it before the end of the 15th of August of the respective accounting year. If the information is submitted before the end of the 15th of August of the respective accounting year, the compensation institution shall determine the annual contribution in the light of this information and the collection of a 10% surcharge. If the information is not submitted before the end of August 15, the compensation institution shall have the income necessary for the calculation of the annual contribution, taking into account the size and structure of the institution ' s business or of a A group of comparable institutions shall be assessed on the basis of appropriate documentation, and the 1.35 -fold of the annual contribution shall be fixed on this basis as a payment of the amount of the annual instalment. If the information is not submitted until 31 December of the following accounting year, the amount of the final payment shall be deemed to be the annual contribution; if the information is submitted up to that date, the compensation system shall set the following information: Annual contribution, taking into account the additional information and the collection of a 25 per cent surcharge. If the required documents are submitted after 31 December of the following accounting year, the annual contribution calculated on the basis of these documents shall be accompanied by a surcharge of 25 per cent by way of derogation from the first sentence of the first sentence of 5 , provided that the contribution thus calculated is higher than the annual contribution made in accordance with the first sentence of the first sentence of the first half. A surcharge in accordance with the fourth sentence shall be credited to a post-fixed annual contribution according to the rates 5 and 6. The time limits set out in sentences 2 and 5 are periods of exclusion. (6) A surcharge for late submission of documents referred to in paragraph 5 shall be charged only once in relation to an annual contribution. The highest surcharge to be charged is decisive.

Footnote

(+ + + § 2: For application, see Section 7c (4) + + +) Unofficial table of contents

Section 2a Height of the contribution rate

(1) The contribution rate shall be

1.

2.46 per cent in the case of credit institutions which are not a deposit credit institution within the meaning of Section 1 (3d) sentence 1 of the Banking Act and which are authorised to operate banking transactions within the meaning of the second sentence of Article 1 (1) (2) (4) or (10) of the In the case of banking transactions or financial services, the institution has the power to obtain ownership or ownership of funds or securities of customers, the contribution rate is 7.7 percent.

2.

3.85 per cent in the case of credit institutions which are not covered by point 1 and which are not a deposit credit institution within the meaning of Section 1 (3d) sentence 1 of the Banking Act, to which a permit for the provision of financial services within the meaning of Article 1 (1a) of the German Banking Act (Article 1 (1)) is required. Paragraph 2 (1), (1a), (1b), (1c), (2) or (3) of the Banking Act (Kreditwesengesetz) has been granted and which has the power to obtain ownership or ownership of customers ' funds or securities in the provision of financial services; in addition to the authorisation to provide financial services within the meaning of Article 1 (1a) 2 (4) or § 32 (1a) of the Banking Act, the contribution rate is 7.7 per cent;

3.

1.23 per cent in the case of credit institutions which are not covered by point 1 and which are not a deposit credit institution within the meaning of Section 1 (3d) sentence 1 of the Banking Act, to which a permit for the provision of financial services within the meaning of Article 1 (1a) of the German Banking Act ("") 2, paragraph 1, 1a, 1b, 1c, 2 or 3 of the Banking Act, and which are not authorised to obtain ownership or ownership of customers ' funds or securities in the course of the provision of financial services;

4.

2.46 per cent in the case of credit institutions which are not covered by point 1 and which are not a deposit credit institution within the meaning of Section 1 (3d) sentence 1 of the Banking Act, to which a permit for the provision of financial services within the meaning of Article 1 (1a) of the German Banking Act ("") Paragraph 2 (4) or Article 32 (1a) of the Banking Act has been granted and which are not entitled to obtain ownership or ownership of customers ' funds or securities in the course of the provision of financial services;

5.

3.85 per cent of financial services institutions which have been granted a permit within the meaning of Section 1 (1a), second sentence, points 1, 1a, 1b, 1c, 2 or 3 of the Banking Act, and which are empowered to participate in the provision of financial services To obtain the ownership or possession of funds or securities of customers; the Institute also has the permission to provide financial services within the meaning of Section 1 (1a) sentence 2 (4) or § 32 (1a) of the Banking Act, the contribution rate shall be 7.7 per cent;

6.

1.23 per cent of financial services institutions which have been granted a permit within the meaning of Section 1 (1a), second sentence, points 1, 1a, 1b, 1c, 2 or 3 of the Banking Act and which are not authorised to take part in the provision of to provide financial services with the ownership or possession of funds or securities of customers;

7.

2.46 per cent of financial services institutions which have been granted a permit within the meaning of Article 1 (1a), second sentence, point 4 or section 32 (1a) of the Banking Act, and which are not authorised to participate in the provision of financial services to obtain ownership or ownership of funds or securities of customers;

8.

1.23 per cent in the case of capital management companies within the meaning of Article 1 (1) (4) of the Deposit Guarantee and Investor Compensation Act, which are not authorized to perform service or ancillary services pursuant to § 7 paragraph 2 number 1, 3 and 4 of the investment act, or in accordance with Article 20 (2) (1) to (3) or (3) (2) to (5) of the Capital Investment Code, to obtain ownership or possession of funds or securities of customers; is the capital management company empowered to: the provision of services or ancillary services pursuant to Section 7 (2) (1), 3 and 4 of the investment act, or in accordance with Section 20 (2) (1) to (3) or (3) (3) (2) to (5) of the Capital Investment Code), the contribution rate shall be 3.85%.

(2) For the allocation referred to in paragraph 1 (1) to (8), the institution ' s permission shall be decisive in the last financial year preceding 1 March of the relevant accounting year. It is suspected that the Institute is empowered to acquire ownership or ownership of funds or securities of its customers. This does not apply if a condition for granted permission precludes an appropriate authority or if the institute proves, by means of an affidavit, that the corresponding authority does not exist vis-à-vis the customers. The affidavit shall contain the declaration that:

1.

the Signatories have no knowledge that the Institute is empowered to buy or hold securities or securities of its customers in the case of securities transactions within the meaning of Article 1 (3) of the Deposit Guarantee and Investments Compensation Act , and

2.

appropriate organisational arrangements have been made to ensure that the institution does not acquire ownership or possession of funds or securities of its customers without the institution having a power to do so by its customers has been granted;

the affidavit is to be signed jointly by all the members of the institution appointed to represent the institution. § 2 (5) sentences 1 to 3 and 8 shall apply accordingly. In the event of a modification of the permit or of the power during this financial year, those ratios which justify a higher annual contribution shall be relevant.

Footnote

(+ + + § 2a: For application, see Section 7c (4) + + +) Unofficial table of contents

§ 2b Differing assignment to contribution groups

On request, the compensation institution may, in the following cases, assign a different allocation to the contribution groups in accordance with Section 2a (1):

1.

An institution may be assigned to a group with lower rates of contributions if it proves that the income-related income from transactions that would lead to higher rates of contribution was minor; the returns were generally slightly if they do not exceed 10 per cent of the yields relevant to the contribution.

2.

In the event of a change in the permission of an institution or of the power to obtain ownership or possession of funds in the course of the provision of financial services or banking transactions pursuant to Section 1 (1), second sentence, point 4 or 10 of the Banking Act. to obtain securities from customers, the measurement of contributions may be based on those ratios which give rise to a lower rate of contribution if the institution proves that these ratios are in the last financial year outweighed.

The institution must submit an application in accordance with the first sentence by 1 July of the relevant accounting year at the latest and must submit a proof of the existence of the respective conditions as confirmed in accordance with § 2 (4). If proof is not available by 1 July, § 2 (5) sentences 2, 3 and 8 shall apply, with the proviso that a surcharge shall be levied only in so far as it does not result in a higher contribution than if the application is not taken into consideration. The compensation institution shall have the power to require further evidence to examine the conditions set out in the first sentence. The compensation facility shall decide on the application in the event of a fixing of the annual contribution. The time limit referred to in the second sentence shall be an exclusion period.

Footnote

(+ + + § 2b: For application cf. Section 7c (4) + + +) Unofficial table of contents

Section 2c Increase of the annual contribution

(1) The annual contribution shall be increased by a surcharge of 20 per cent if, during the last financial year, the institution shall have at least 10 000 creditors entitled to compensation in principle within the meaning of Article 3 (1) and (2) of the Deposit guarantee and investor compensation law with which or for which it has carried out securities transactions within the meaning of Article 1 (3) of the Deposit Guarantee and Investor Compensation Act in the respective financial year (customer structure surcharge). In the case of institutions with less than 10 000, but at least 5 000 such creditors, the customer structure surcharge is 15% of the annual contribution. In the case of institutions with less than 5 000, but at least 1 000 such creditors, the customer structure surcharge is 10% of the annual contribution. In the case of the indication and proof of the creditor numbers, § 2 (4) sentence 6 and paragraph 5 shall apply, with the proviso that, in the case of an estimate of the creditor numbers, the customer structural surcharge shall be at least 10 per cent and that no (2) In the case of a newly allocated institution in the respective accounting year, the annual contribution shall not be increased by the surcharge of the customer's structure, if: the institution shall declare at the latest on 1 July of the respective accounting year that it shall be responsible for the allocation of The compensation facility had no creditors entitled to compensation in principle within the meaning of Article 3 (1) and (2) of the Deposit Guarantee and Investor Compensation Act. In the case of the declaration referred to in the first sentence, the first sentence of Article 2 (5), the first sentence, and the If the declaration is not submitted until 15 August of the respective accounting year, a customer structural surcharge of 5 per cent shall be fixed. The time limits set out in sentences 1 and 3 shall be periods of exclusion.

Footnote

(+ + + § 2c: For application, see Section 7c (4) + + +) Unofficial table of contents

§ 2d Reduction of the annual contribution

(1) The annual contribution shall be reduced, subject to the provisions of paragraph 3, by a discount of 15 per cent for an existing loss of confidence insurance (insurance cover). The insurance must meet the following conditions:

1.

The insurance company must replace the institution with property damage caused by unauthorised persons by deliberate unauthorised acts and by the statutory provisions on the compensation of damages. Trustees are all members of the Institute, including board members, managing directors, supervisory boards, administrative and advisory boards (members of the board) at the time of the damage caused by the institution. Members of the organ who are directly or indirectly involved with more than 20 percent of the company's capital can be excluded as trusts. During the term of the insurance, newly added trusts must be included in the insurance with the inclusion of their activities for the institution. For retirees who are leaving, the insurance cover must continue until the end of twelve months after the end of their activities at the Institute.

2.

The insurance sum must be at least 1 million euros.

3.

The insurance undertaking must carry out a comprehensive assessment of the risk taken and have its premium calculation aligned with it and a premium increase, a reduction in premiums or a change in the deductible and the underlying shall immediately communicate the facts of the indemnation facility. The respective institute must have agreed that the compensation facility will be informed about it.

4.

A deductity of at least 10 percent to a maximum of 20 percent of the amount of damage must have been agreed upon.

5.

All damage caused during the term of the contract, which is inflicted on the institution itself by persons of trust or resulting from the fact that the persons of the trust are directly responsible for the damage caused to the institution by the institution itself, shall be subject to the risk of damage caused by the institution itself. Institute is liable. It must also be insured for damage caused during the contract period, but only after the end of the contract has been discovered and the insurer will be shown. The insurer may have reserved for damage within three years from the end of the contract.

The following damages may be excluded from the insurance cover:

1.

Damage caused by personally liable partners and members who are directly or indirectly involved in the share capital of the Institute with more than 20 per cent of the company's capital,

2.

Damage caused by persons of confidence of whom the institution knew, at the beginning of the insurance or inclusion in the insurance, that they had already committed intentional unauthorised acts within the meaning of the second sentence of sentence 2;

3.

any damage incurred prior to the occurrence of the insurance case in order to prevent or mitigate it in its effects or to be caused only indirectly,

4.

Damage caused by expenses for personal injury,

5.

Damage which can be insured under the basic conditions of fire or burgla theft insurance, and

6.

Damage caused by war, warlike events, internal unrest, terror, high-hand, force majeure, nuclear energy, or by environmental impact in the sense of the Environmental Liability Act or the Water Resources Act.

The insurance conditions may also provide that the insurance benefit for damage caused by organ members who are directly or indirectly involved with no more than 20 percent of the company's capital, according to their Participation in the share capital is reduced. In the amount of the deductible in accordance with the second sentence of the second sentence, the person responsible for the damage must not have been exempted from his liability by the institution. (2) The institution must have the insurance cover no later than 1 July of the respective accounting year. request and demonstrate the existence of the conditions by submitting a confirmation from the insurance company about the existence and content of the insurance. The application shall contain information on the exception of certain organ members and members of the insurance cover referred to in the second sentence of the second sentence of the second sentence of paragraph 1 and the third sentence of the third sentence of paragraph 1 and the requirements laid down in the first sentence of paragraph 1. If the application is submitted after 1 July, or if the confirmation is not submitted until 15 August, the application shall be rejected. The termination, termination or cancellation of the insurance contract for any other reason, as well as changes to the insurance contract which affect the conditions referred to in the second sentence of paragraph 1 or the exception referred to in the first sentence of paragraph 1, point 1, shall be: of the compensation institution without delay. If the insurance cover is no longer fulfilled before the end of the following accounting year, or if the insurance contract no longer fulfils the conditions set out in the second sentence of paragraph 1, the compensation facility shall have the annual contribution without the To redefine the insurance cover. The time limit referred to in the first sentence is an exclusion period. (3) The insurance surcharge is only granted if the institution has completed a loss of confidence insurance for the entire accounting year in each case. If, in accordance with the second sentence of the second sentence of the second sentence of paragraph 1, the members of the organ have been excluded as a person of confidence or if damage has been excluded from the insurance cover in accordance with the third sentence of paragraph 1, the insurance cover shall be 7.5%. The amount of the insurance cover is limited to 10 percent of the agreed insurance total.

Footnote

(+ + + § 2d: For application, see Section 7c (4) + + +) Unofficial table of contents

§ 3 One-off payment

(1) Institutions newly assigned to the compensation institution after 18 July 2013 shall have a one-off payment in addition to the annual contribution. The amount of the one-time payment corresponds to the annual contribution determined in accordance with § § 1 to 2d and 4. In the case of institutions which have no annual contribution, the minimum contribution according to § 4 shall be considered as a one-off payment. (2) With the assignment of the institution to the compensation facility, the minimum contribution according to § 4 is first levied. This minimum contribution shall then be credited to the one-off payment referred to in paragraph 1. It is the basis for the calculation of a possible special contribution or a possible special payment pursuant to § 8 (6) sentence 2 of the Deposit Guarantee and Investor Compensation Act, if no annual contribution has yet been fixed. (3) The one-time contribution Payment is made together with the first annual fee. It shall be due upon the announcement of the date of payment of the one-off payment. Unofficial table of contents

§ 4 Minimum contribution of single payment

(1) The minimum contribution of the single payment shall be:

1.

in the case of the institutions referred to in Article 2a (1) (1) (2), (2), (4) and (5), second half-sentence, EUR 6 300;

2.

in the case of the institutions referred to in Article 2a (1) (5), (1), (3) and (8), 2 (2), EUR 4 200;

3.

in the case of the institutions referred to in Article 2a (1) (1), (1), (7) and (8), 1 (1), EUR 2 100;

4.

in the case of the institutions referred to in Article 2a (1) (6), EUR 1 050.

(2) The minimum contribution of the one-off payment shall be due upon the announcement of the date on the minimum contribution of the one-off payment. Unofficial table of contents

§ 5 Special contributions, special payments and upper limit

(1) The amount of a special contribution or a special payment pursuant to § 8 (3) to (6) of the Deposit Guarantee and Investor Compensation Act amounts to at least EUR 1 050 for each associated institution. For institutions empowered to obtain ownership or possession of funds or securities of their clients in the provision of their services, the amount shall be at least EUR 2 100. § 2a, paragraph 2 and § 2b shall apply mutagenously. (2) In the assessment of a special contribution or a special payment pursuant to section 8 (6) sentence 1 of the Deposit Guarantee and Investor Compensation Act, a fictitious annual contribution shall be made within the meaning of Section 8 (6) of the Act. Article 4 of the Deposit Guarantee and Investor Compensation Act, if an institution in the annual financial statements, which was relevant for the calculation of the most recent annual contribution, a special item pursuant to Section 340g of the Commercial Code formed or dissolved, which is not in accordance with Section 340e (4) sentence 1 of the Commercial Code had to be formed. The amount of the fictitious annual contribution shall be subject to the provisions of the third sentence of Article 1 (1), second sentence, to (4), (1a) and (2). In determining the annual surplus in accordance with Article 1 (1), second sentence, the fictitious annual contribution shall be determined by the formation of the fictitious annual contribution. and the dissolution of a special item pursuant to Section 340g of the Commercial Code only half of the item was taken into account, unless the special item had to be formed in accordance with Section 340e (4) sentence 1 of the Commercial Code. The institutions have access to the special item and the proceeds of the dissolution of the special item pursuant to Sections 340g and 340e (4) of the German Commercial Code (Handelsgesetzbuch) with regard to the compensation facility, subject to the annual financial statements in detail. Section 2 (4) shall apply accordingly. In so far as the compensation institution does not present an institution in accordance with the fourth sentence, it must ask the institution before the collection of a special contribution or a special payment, within an exclusion period of four weeks, the advertisement shall be subsequently reimbursed or missing information shall be provided. If the information is not submitted within this period, the special items which had to be formed in accordance with Article 340e (4) sentence 1 of the Commercial Code are also to be used in determining the annual surplus in accordance with § 1 (1) sentence 2 for the purpose of dimensioning of the fictitious annual contribution only half of them. (3) The sum of

1.

the special contributions of an institute;

2.

the special payments of an institution;

3.

a one-time payment of an institution, where appropriate, and

4.

the annual contribution, which was last fixed before the special payment survey or the special contribution survey,

in an accounting year together, may not exceed 45 per cent of the annual surplus determined in accordance with Article 1 (1), second sentence, and (3) (upper limit of charge); the provisions of the first and second sentences of paragraph 1 shall remain unaffected. The final annual financial statements, which shall contain the audit report for the last financial year completed before the setting of the special contribution or the special payment, shall be the key to the calculation of the upper limit of the charge. The fourth sentence of Article 2 (3) shall apply accordingly. If the final financial year ended less than six months prior to the collection of the special contribution or the special payment, the annual financial statements and the audit report for the previous financial year shall be the fixed annual financial statements, unless the The annual accounts for the financial year determined in accordance with the second sentence shall be established before the special contribution or the special payment is collected, in which case the annual financial statements as set out in the second sentence shall be decisive. If the compensation institution does not have the documents in accordance with the sentences 2 to 4 and if no case is given in the fourth sentence of Article 2 (3), the compensation institution shall have the institution before the collection of the special contribution or the special payment. within an exclusion period of four weeks

1.

submit the audit report to the annual accounts, as determined in accordance with the second sentence or sentence 4, and

2.

in the event that the last financial year ended less than six months before the collection of the special contribution or the special payment, it is expressly stated that the annual accounts for the last financial year have not yet been established.

If an institution does not comply with the request within that period, or if the relevant annual accounts are not established, the upper limit of the charge as set out in the first sentence shall not apply. (4) The indemnity institution has taken up a loan; which does not fully cover the needs of the funds, it is entitled to cover the remaining requirements of the funds by means of special contributions if their obligations are fulfilled in good time pursuant to Article 5 (4) of the Deposit Insurance and Investor Compensation Act can be. This shall also apply if the compensation institution has taken up a framework credit which has not been fully retrieved and the remaining appropriations may be covered in time by special contributions. The contribution to the contribution according to sentences 1 and 2 may be made in partial amounts according to § 5a.

Footnote

(+ + + § 5: For application, see Section 7c (4) + + +) Unofficial table of contents

Section 5a Collection of special contributions in partial amounts

(1) In the decision on the collection of special contributions in partial amounts pursuant to Article 8 (3) sentence 2 of the Deposit Guarantee and Investor Compensation Act, the compensation institution shall have the probable duration of the compensation procedure, in particular on the basis of the number of investors and the complexity of the compensation procedure and, where appropriate, insolvency proceedings, the estimated amount of total compensation within the meaning of Article 8 (3) (3) and (4) of the Deposit guarantee and investor compensation law, the financial situation of the the institutions responsible for contributing to the compensation case, and the other means likely to be available for the compensation case. Notwithstanding the authority of the compensation institution to levy special contributions and special payments in a financial year, special contributions shall be levied in instalments at least at a distance of one year. The special contribution obligation exists for all companies which have been assigned to the compensation institution at the beginning of the accounting year in which a partial amount is collected. The amount of the special contribution to be paid by an institution must be determined for each partial amount separately in accordance with § 8 (6) of the Deposit Guarantee and Investor Compensation Act. (2) The compensation facility has the institutions before the collection of the special contribution. to inform the first partial amount of the intended procedure for the contribution. The information shall include the financial requirements established by the compensation institution, the estimated level of the partial amounts to be collected by the institutions as a whole, and the intended dates for the contribution to the contribution. Unofficial table of contents

§ 5b Liberation of the duty to perform special contributions and special payments

(1) A total or partial exemption from the obligation to perform a special contribution or a special payment pursuant to § 8 (6) sentence 8 of the Deposit Guarantee and Investor Compensation Act shall be effected only at the request of the Institute concerned. The Institute shall apply for exemption within the period of opposition which is relevant for the dispute of the respective special contribution or special payment period and the confirmation of an auditor or an audit firm , that the totality of the payments to be made to the compensation institution in the relevant accounting year would jeopardise the fulfilment of the obligations imposed on its creditors and the conditions for the payment of such obligations to the creditors. Arrangement of measures pursuant to § 46 (1) sentence 1 of the Banking Act would be. The confirmation in accordance with the second sentence can be submitted within two months after the respective special contribution or special payment notice has been announced to the institute. (2) Institutes in which the Federal Institute for the Remuneration of the Federal Institute of Technology (Bundesanstalt) , cannot be exempted from the obligation to perform special contributions and special payments.

Footnote

(+ + + § 5b: For application, see Section 7c (4) + + +) Unofficial table of contents

§ 5c Interest in arrears

If the annual contribution, the special contribution, the special payment, the one-time payment or the minimum contribution pursuant to § 4 have not been paid up to the expiry of 30 days after the due date, the compensation facility shall collect default interest, provided that: the default interest exceeds 50 euros. In addition, the provisions of the Civil Code on debtor default are to be applied accordingly. Unofficial table of contents

§ 6 Confirmation by reviewers

In the case of financial services institutions whose balance sheet total does not exceed EUR 150 million in the last financial year, the confirmations pursuant to § 2 (2) sentence 5 and paragraph 4, § 2a (2) sentence 3, § 2b sentence 2 and § 2c (1) sentence 4 and § 5b may be eligible for the confirmations. also be carried out by sworn accountants or book examination companies. To the extent that a financial services institution has been exempted from the obligations under Section 26 of the Banking Act for the submission of an audit report in accordance with Section 31 (2) of the Banking Act, these confirmations may also be provided by a tax advisor shall be made. Unofficial table of contents

§ 7 Transitional provisions

(1) In the years 1999 and 2000, 90 per cent of gross income from financial transactions can be disregarded in the determination according to Article 2 (2) without proof. (2) In 1999, the application of § 2 (1) sentence 1 No. 6 and sentence 3, para. 2, 4, 5, sentence 1 and § 5 (2) sentence 3, instead of 1 July of 10 September 1999. By way of derogation from the first sentence, the confirmation by auditors or audit firms prescribed in § 2 (1) sentence 1 no. 6 and sentence 3, para. 2 and 4, in conjunction with § 6, shall be submitted no later than 31 December 1999; the annual contribution shall be submitted to the following: To set cases as a tee-off payment. If the confirmation is submitted by 31 December 1999, the payment shall be in accordance with the annual contribution. (3) The annual financial statements or the income statement or the data in accordance with § 2 (4) shall not be made available on 10 September 1999, the Determination of the payment of the surcharge and the calculation of the annual contribution without further time-setting in accordance with § 2 (5). If the annual financial statements or the net income statement are not before 31 December 1999 in accordance with § 2 (4) or the confirmation required pursuant to § 2 (4) in conjunction with § 6, the surcharge payment shall be deemed to be the annual contribution in accordance with § 2 (5) sentence 1. (4) § § 1 and 2 in the version of the First Regulation amending the Regulation on the contributions to the compensation facility of the securities trading companies of the Kreditanstalt für Wiederaufbau (First Amendment Regulation) are for the first time to be published on the Annual contribution to be applied for the year 2000. In the year 2000, the application of § 2 para. 2 is replaced by the 1st of July of the 45. Calendar day following the announcement of the First Amendment Regulation. In cases in which a breach of a decision on the 1999 annual contribution has been filed and the communication is not valid, § § 1 and 2 in the version of the First Amendment Regulation shall be for the first time on the annual contribution for the year 1999. In these cases, the application of paragraphs 2 and 3 shall be replaced by the date of 10 September 1999 and, instead of 31 December 1999, the 45. Calendar day following the announcement of the First Amendment Regulation. The sentences 2 to 4 shall not be applied to the extent that they would result in an increase in the contribution. (5) For institutions which have a permit to provide financial services within the meaning of Article 1 (1a), second sentence, No. 1a to 1c of the Banking Act, or for investment advice pursuant to Section 7 (2) (3) of the Investment Act and due to the fact that in 2008, for the first time, an annual contribution will be used, or in which, on the basis of this permission, result-relevant changes for the determination of of its annual contribution for the year 2008, the time limits for transmission shall be extended According to § 2 (4) and (5), proof of deduction amounts pursuant to § 2 (1) sentence 1 no. 6 of the last sentence and the temporary privilege of proceeds pursuant to § 2 para. 2 once from 1 July 2008 to the 26th of September 2008. Pursuant to Section 2 (2) sentence 1 no. 4, gross profit from financial services within the meaning of Section 1 (1a) sentence 2 no. 1a to 1c of the Banking Act as well as from services pursuant to Section 7 (2) (3) of the Investment Act shall apply, insofar as the (6) For undertakings for which a permit to provide financial services within the meaning of Article 1 (1a), second sentence, No 1a bis (1) (1) (a) to (1) (a) to (1) (b)), was established for the purposes of 1c of the Banking Act as granted in accordance with Section 64i of the Banking Act, and which have waived this permission from the Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht), the obligation to pay falls away, provided the company has not made use of the permit until the date of access of the waived declaration. This applies only if the waiver has been declared to the Federal Institute by 26 September 2008. (7) § § 1 to 2b, 2d as well as 5 to 6 in the version valid from 26 August 2009 are for the first time to the end of September 30, 2009. Accounting year. To the extent that these provisions are mentioned as the closing date of 1 July, this shall be replaced by the closing date of 16 September for the accounting year ending 30 September 2009. As far as the regulation of 15 August is called the reference date, it shall be replaced by the closing date of 30 September 2009 for the accounting year ending 30 September 2009. (8) The customer structure surcharge in accordance with § 2c in the applicable law as of 26 August 2009 For the first time it is to be collected for the accounting year ending September 30, 2010. (9) In the case of institutions which have been assigned to the compensation facility before August 26, 2009, the one-time payment will continue to be made in accordance with § § 3 and 4 of these Regulation in the version valid until 25 August 2009. Unofficial table of contents

Section 7a Transitional provisions for the Fifth Regulation amending the EdW Contribution Regulation

(1) In the case of institutions which have been assigned to the compensation system before the end of July 18, 2013, § § 3 and 4 are to be applied in the version valid until 18 July 2013. (2) § 5c in the version valid from 19 July 2013 for the first time to the annual contributions, special contributions, special payments, one-time payments and minimum contributions levied from 1 August 2013. (3) § § 1 to 5, 5b and 6 in the version valid from 19 July 2013 are for the first time on the 30. The accounting year ended September 2013. In the cases in which these provisions are referred to as the closing date of 1 July, the date for the accounting year ending on 30 September 2013 shall be replaced by the deadline of 16 August 2013. In the cases in which the regulation of 15 August is called the reference date, it shall be replaced by the date of 30 August 2013 for the accounting year ending on 30 September 2013. Unofficial table of contents

Section 7b Subdelegation

The power to adopt amendments to this Regulation by means of a regulation shall be conferred on the Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht) pursuant to Article 8 (8) sentence 3 of the Deposit Insurance and Investor Compensation Act. Unofficial table of contents

Section 7c Transitional provisions for the sixth regulation amending the EdW contribution regulation

(1) Institutes that have performed at special items in accordance with § § 340g and 340e (4) of the Commercial Code before 22 July 2014 shall have the compensation facility up to 12 August 2014 with that for the accounting year of the 1. October 2012 to 30 September 2013, the relevant annual financial statements are to be indicated in detail. Section 2 (4) shall apply. (2) The institutions responsible for setting the annual contribution for the accounting year of 1. October 2012 to 30 September 2013 Disclaimer in accordance with § 2 (2) sentences 2 to 4, a deviating assignment to another group of contributions pursuant to § 2b or an insurance discount pursuant to § 2d not applied for or the creditor numbers for the purposes of § 2c have not been specified and proved, this can be done for the purposes of calculating the fictitious annual contribution according to § 5 (2) sentence 2 and 3 in the version valid from 22 July 2014 until 12 August 2014. § 2 (2) sentences 5 and 6, § 2b sentence 2, § 2c (1) sentence 4 and § 2d (2) sentence 1 and 2, in each case in the version valid from 22 July 2014, apply accordingly. The period referred to in the first sentence is an exclusion period. (3) § 5 (2) in the version in force as from 22 July 2014 is to be applied in the cases of the dissolution of a special item pursuant to Section 340g of the Commercial Code only if this provision is also was already applicable in the course of its formation. In the case of a partial solution of the special item, for the purposes of sentence 1 the partial amount of the special item shall initially be deemed to be dissolved, in the case of which the formation of § 5 (2) in the version valid from 22 July 2014 has not yet been applicable. (4) § § 2, 2a, 2b, 2c, 2d, 5 and 5b in the version valid from 22 July 2014 shall be applied for the first time to the accounting year ending on 30 September 2014. Unofficial table of contents

Section 8 Entry into force

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