Regulation On The Contributions To The Compensation Scheme Of The Securities Trading Companies With The Kreditanstalt Für Wiederaufbau

Original Language Title: Verordnung über die Beiträge zu der Entschädigungseinrichtung der Wertpapierhandelsunternehmen bei der Kreditanstalt für Wiederaufbau

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.gesetze-im-internet.de/kredanstwiawphev/BJNR189100999.html

Regulation on the contributions to the compensation scheme of the securities trading companies with the Kreditanstalt für Wiederaufbau (EdW post regulation EdWBeitrV) EdWBeitrV Ausfertigung date: 19.08.1999 full quotation: "EdW post regulation of 19 August 1999 (BGBl. I S. 1891), last by regulation of 16th July 2014 (BGBl. I p. 1035) is changed" stand: last modified by V v 16.7.2014 I 1035 for more information on the stand number found in the menu see remarks footnote (+++ text detection from) : At 1 September 1999 +++) (+++ version applicable d. paragraphs 2, 2a, 2B, 2 c, 2d, 5 & 5 b in the from the 22.7.2014 to the application see section 7 c para 4 +++) heading: short name and letter abbreviation eingef. by article 1 No. 1 V. v. 17.8.2009 I 2881 mWv 26.8.2009 input formula on the basis of § 8 para 3 sentence 1 and 2 of the deposit guarantee and investor compensation act of 16 July 1998 (Federal Law Gazette I p. 1842) ordered the Federal Ministry of finance after consultation with the compensation scheme for institutions according to § 6 para 1 sentence 2 No. 3 of the deposit guarantee and investor compensation act with the Kreditanstalt für Wiederaufbau : § 1 year post (1) institutions, section 6, subsection 1, sentence 2 associated with the Kreditanstalt für Wiederaufbau (compensation scheme) No. 3 of the deposit guarantee and investor compensation act the compensation scheme for institutions to, have to make annual contributions to the compensation scheme at the latest each on September 30. The amount of the annual fee for an institution is calculated according to §§ 2 to 2d, but no more than 10 percent of net income plus the effort of the profits run due to a winning community, domination or partial profit transfer agreement. The formation, dissolution and recourse to provisions of the institutes for contribution obligations under the deposit guarantee and investor compensation act is not considered in the determination of net income pursuant to sentence 2. The institutions have the education amount display resolution and use of provisions for contribution obligations to the compensation scheme under presentation of the established annual financial statements in detail.
(1a) the annual fee is at least 1 050 EUR for each associated institution. For institutions that are authorised to give property or ownership of funds or securities from customers, in the provision of their services, an annual contribution of at least EUR 2 100 is to rise. 2 b shall apply Article 2a, paragraph 2 and article.
(2) contributions are institutions which are associated with the compensation scheme on January 1 before the due date of the annual fee. The annual contribution is reduced for institutions that leave from January 1 until March 31, before the contribution due date establishing compensation, by 75 percent, to institutions that leave from April 1 until June 30 before post due to 50 percent.
(3) the annual fees are due with the announcement of the year post notices, a later due date, unless it determines the compensation scheme.

Section 2 calculation of the annual fee (1) the annual contribution calculated resulting from the relevant contribution income referred to in paragraph 2, multiplied by the contribution rate of the institution in accordance with the sections 2a and 2B. (2) to determine the contribution-related income are to be used 1 all gross Commission income and 2 not from unrealised gains, gross income of the trading portfolio.
Costs related to hedging transactions relating to commercial transactions and risk reductions, which pull off are in section 340e paragraph 3 sentence 1 of the German commercial code, can be considered in determining the relevant contribution income. Income from the reversal of special item are not taken into account pursuant to § 340 g in conjunction with section 340e (4) sentence 2 of the German commercial code. After taking into account the expense of hedging transactions can remain also not taken into account when determining the contribution of relevant income: 1 gross Commission income, which have been refunded to customers and at the same time disclosed gross Commission expensed, 2 gross Commission income, which have been forwarded to other institutions in the sense of § 1, clause 1 of the deposit guarantee and investor compensation act or other depository institutions or securities trading companies in the sense of § 1 paragraph 3d of the Banking Act in other States of the European economic area for the implementation of parts of securities transactions and at the same time as gross Commission expenses be, 3. not from unrealised gains, gross income of the trading portfolio, as far as they exceed the net revenue generated from the comparison of related transactions in the context of job shops, 4. gross Commission income not derived from securities transactions within the meaning of § 1 paragraph 3 of the deposit guarantee and investor compensation act, 5. gross Commission income, which are designated as brokerage fees for pool balance, 6 90 per cent of the gross Commission income and the not originating in unrealised gains gross income of the trading portfolio , derived from transactions with customers, according to article 3 paragraph 2 of the deposit guarantee and investor compensation Act are not entitled to compensation, as far as this income not from transactions with customers entitled to compensation results and 7 90 per cent of the gross Commission income and the not originating in unrealised gains gross income of the trading portfolio, which come respectively from those transactions with other institutions which have made the other institutions in its own name.
Yields, which fall under multiple reduction of the set of 4 facts, only a discount offence can be applied. The reduction was may be applied only after the sentences 2 to 4 If the Institute towards the establishment of compensation applied for their consideration at the latest on 1 July of each accounting year and can prove the information necessary for the use of the discount was and the amount of the remaining proceeds through the confirmation of an auditor or an audit firm. The mere production of a financial statements or audit report not replaced the application also if should arise from the documents the existence of discount offence. The evidence not later than on July 1st of each accounting year, paragraph 5 applies set 2, 3, and 8 with the proviso, that a surcharge applies only in so far as it does not lead to a higher post than in not taking into account the discount was. If the application is made after July 1st or be submitted the evidence not before the expiry of the August of 15, is the request to reject. Limitation periods are the periods referred to in the sets of 6, 8 and 9.
(3) relevant for the calculation of the annual fee is the established annual financial statements including audit report for the last financial year expired before 1 March of the relevant accounting year. It is for a short fiscal year, annual accounts figures on a full financial year are to extrapolate. A further shortened fiscal year was preceded by the short fiscal year and both short business year together result in one year, the figures relevant for calculating the annual contributions are from the addition of the figures given in the financial statements for the abridged fiscal year. Had remapped Institute for the last placed expired business year to make no annual financial statements or annual accounts before March 1, which contains no business activity leading to a map to the compensation scheme of the securities trading companies, the appropriate positions are number 5 and sentence 3 of the Banking Act in connection with § 14 paragraph 7 for the calculation of the annual fee according to § 32 paragraph 1 sentence 2 No. 1 of ad regulation prior to the recording of business of plan to be presented, profit and loss account for the first year apply.
(4) the factual and calculated accuracy of data necessary for the calculation of the annual fee must be proven by the confirmation of an auditor or an audit firm the compensation scheme. This does not apply for a plan of income within the meaning of paragraph 3 sentence 4. The template of identified annual account with the corresponding audit report confirmed by an auditor or audit firm is sufficient as confirmation unless the required information are expressly for this. The confirmation can be recognised only b pursuant to sentence 1, as well as information pursuant to paragraph 2 or § 2 establishing compensation, when was the liability for a negligent damage done does not have the in section 54a of the order of Chartered Accountants limited specified limits, and not exclude the liability of the auditor or the audit firm liabilities of the compensation fund. Also additions to the auditor or the Auditors for the audit report on one by a chartered accountant or an accounting firm confirmed established accounts can only be accepted under the conditions of the set of 4, as far as the supplements confirms the information necessary for the calculation of the annual fee or the information to paragraph 2 or paragraph 2 are factually and mathematically correct b. The compensation scheme is authorised to request further evidence from the Institute to verify the existence of the bases. She may require in particular providing detailed overviews of individual income is affirmed to be confirmed correctness by an insurance of management or the Declaration of a chartered accountant or an accounting firm.
(5) that has required and confirmed pursuant to paragraph 4 information for the calculation of the annual fee to submit the Institute of establishing compensation at the latest on 1 July of each accounting year. The required and confirmed data are not available on 1 July, the Institute has to submit them before the expiry of the 15 August of the relevant accounting year. Be submitted the information before the expiry of the 15 August of the relevant accounting year, the compensation scheme sets the annual contribution taking into account this information and collect a surcharge of 10 percent. Be submitted the information before the expiration of the August of 15, has the compensation scheme to estimate the income required for the calculation of the annual fee, taking into account the scope and the structure of the transactions of the Institute or a group of comparable institutions on the basis of appropriate documentation; on this basis the 1.35 the year contribution as payment is to be set. Are the information not submitted until December 31 of the subsequent accounting year, the amount of the payment is considered annual contribution; will the information submitted by that date, the compensation scheme sets the annual contribution taking into account the subsequent information and levying a surcharge of 25 percent. Are the required documents submitted after December 31 of the subsequent accounting year, annual fee, which is calculated on the basis of these documents, is set by way of derogation 5 first half-sentence with a surcharge of 25 percent of record, unless the resulting contribution above pursuant to sentence 5 first half-sentence is bogus annual contribution. An interim payment will be applied pursuant to sentence 4 on a later fixed annual contribution pursuant to sentences 5 and 6. Limitation periods are the periods referred to in sentences 2 and 5.
(6) a surcharge for late filing of documents under paragraph 5 is based on an annual subscription only once raised. The highest successful bid to be authoritative.
Footnote (+++ § 2: on the application see section 7c para 4 +++) § 2a (1) contribution rate the contribution rate is 1 2.46 percent at credit institutions that do not depository institutions are paragraph 3d in the meaning of § 1 sentence 1 of the German Banking Act and a permit for the operation of banking business within the meaning of § 1 paragraph 1 sentence 2 number 4 or 10 of the German Banking Act; been issued which the Institute is authorized to obtain possession or ownership of funds or securities from customers, in the provision of banking or financial services, the contribution rate is 7.7 percent.
2. 3.85 percent at credit institutions that fall under number 1 and no deposit credit institution within the meaning of § 1 sentence 1 of the German Banking Act are paragraph 3d, which is a permit for the provision of financial services within the meaning of § 1 paragraph 1a sentence 2 has been given number 1, 1a, 1B, 1 c, 2 or 3 of the Banking Act and who are authorised to give property or ownership of funds or securities of customers; in the provision of financial services In addition the Institute has permission to the provision of financial services within the meaning of § 1 paragraph 1a sentence 2 number 4 or § 32 paragraph 1a of the Banking Act, the contribution rate is 7.7 percent;
3. 1.23 percent at credit institutions that fall under number 1 and no deposit credit institution within the meaning of § 1 sentence 1 of the German Banking Act are paragraph 3d, which is a permit for the provision of financial services within the meaning of § 1 paragraph 1a sentence 2 has been given number 1, 1a, 1B, 1 c, 2 or 3 of the Banking Act and who are not authorised in the provision of financial services to gain ownership or ownership of funds or securities of customers;
4. 2.46 percent at credit institutions that fall under number 1 and no deposit credit institution within the meaning of § 1 sentence 1 of the German Banking Act are paragraph 3d, which is a permit for the provision of financial services within the meaning of § 1 paragraph 1a sentence 2 number 4 or § 32 paragraph 1a of the Banking Act has been granted and which are not authorized in the provision of financial services to gain ownership or ownership of funds or securities of customers;
5. 3.85 percent at financial services institutions, where a permit within the meaning of § 1 paragraph 1a sentence 2 has been given number 1, 1a, 1B, 1 c, 2 or 3 of the Banking Act and who are authorised to give property or ownership of funds or securities of customers; in the provision of financial services In addition the Institute has permission to the provision of financial services within the meaning of § 1 paragraph 1a sentence 2 number 4 or § 32 paragraph 1a of the Banking Act, the contribution rate is 7.7 percent;
6 1.23 percent at financial services institutions, where a permit within the meaning of § 1 paragraph 1a sentence 2 has been given number 1, 1a, 1B, 1 c, 2 or 3 of the Banking Act and who are not authorised in the provision of financial services to gain ownership or ownership of funds or securities of customers;
7 2.46 percent at financial services institutions, where a permit within the meaning of § 1 paragraph 1a sentence 2 number 4 or § 32 paragraph 1a of the Banking Act has been granted and which are not authorized in the provision of financial services to gain ownership or ownership of funds or securities of customers;
8 1.23 percent in capital management companies in the sense of § 1, clause 1 number 4 of the deposit guarantee and investor compensation act not authorized are, in the provision of service or ancillary services pursuant to § 7 paragraph 2 number 1, 3 and 4 of the law on investment or according to § 20 paragraph 2 number 1-3 or paragraph 3 to obtain property or ownership of funds or securities of customers number 2 to 5 of the investment code; is the capital management company authorised in the provision of service or ancillary services pursuant to § 7 paragraph 2 number 1, 3 and 4 of the law on investment or according to § 20 paragraph 2 number 1 to 3 or 3 to give property or ownership of funds or securities of customers number 2 to 5 of the investment code, the contribution rate is 3.85 percent.
(2) for the assignment referred to in paragraph 1 number 1 to 8 is the permission of the Institute in the past before the 1 March of the relevant accounting year year. It is believed that the Institute is authorized to obtain property or ownership of funds or securities to its customers. This does not apply if a pad to the granted permission excludes an appropriate authority or the Institute through an affidavit indicating that the appropriate power to the customer does not exist. The affidavit has the Declaration to include that the signatory no knowledge of 1 that the Institute for securities transactions within the meaning of § 1 paragraph 3 of the deposit guarantee and investor compensation act has the power to gain ownership or ownership of funds or securities to its customers, and 2. appropriate organizational arrangements have been made, are intended to ensure that the Institute provides no property or ownership of funds or securities to its customers , without having a warrant; granted the Institute to do so by its customers
the affidavit must be signed by all members of the institution appointed to the representation of the Institute community. Section 2, paragraph 5, sentence 1 to 3 and 8 shall apply mutatis mutandis. Ratios are relevant in the case of a change in the permission or the Authority during this fiscal year, giving rise to a higher annual fee.
Footnote (+++ § 2a: to the application see section 7c para 4 +++) § 2 b different mapping to post group at the request of may the establishment of compensation in the following cases a different assignment to the post group according to § 2a para 1 make: 1. an Institute can be assigned to a group with lower contribution rates, if it can prove that the post relevant income from operations, which would lead to higher contribution rates, were minor. Yields were generally minor, if they do not exceed 10% of contribution-related earnings.
2. in case of a change in the permission of power, or an institution in the provision of financial services or banking transactions according to section 1, paragraph 1, sentence 2 number 4 or 10 of the Banking Act to provide property or ownership of funds or securities of customers, those conditions can the contribution calculation based subsided that be, justify a lower contribution rate if the institution shall demonstrate that these conditions time outweighed in the last fiscal year.
The Institute must submit an application pursuant to sentence 1 at the latest on 1 July of each accounting year and present confirmed proof of the existence of the respective conditions to a pursuant to article 2, paragraph 4. A proof is not available until July 1st, is section 2, paragraph 5, sentence 2, 3 and 8 with the proviso, that a surcharge is applied only insofar as he is not on a higher post than does not taking into account the application. The compensation scheme may request further evidence for assessing the conditions referred to in sentence 1. The compensation scheme for fixing of the annual fee decides on the application. The period referred to in sentence 2 is a deadline.
Footnote (+++ § 2b: to the application see section 7c para 4 +++) § 2c increase in the annual contribution (1) the annual contribution increased by a surcharge of 20 percent, if the Institute article 3 paragraph 1 and 2 of the deposit guarantee and investor compensation act at least 10 000 fundamentally Indemnitee creditors within the meaning had during the last relevant business year, which or for which it has made securities transactions within the meaning of § 1 paragraph 3 of the deposit guarantee and investor compensation act in the respective fiscal year (customer structure surcharge). The customer structure surcharge is 15 per cent of the annual fee creditors of such institutions with less than 10 000, but at least 5 000. The customer structure surcharge is 10 percent of the annual fee creditors of such institutions with fewer than 5 000, but at least 1 000. That, with an estimate of the number of creditors, the customer structure surcharge is at least 10 percent and that no delay surcharge applies if only the indication or proof of the number of creditors is missing is for the indication and proof of the number of creditors according to article 2, paragraph 4, sentence 6 and paragraph 5 with the proviso.
(2) an institution newly allocated in the respective fiscal year annual fee not to the customer structure contract increases, if the Institute has declared at the latest on 1 July of each accounting year, that it had not generally entitled to the compensation creditors within the meaning of article 3, paragraph 1 and 2 of the deposit guarantee and investor compensation act allocation to the compensation scheme. Pursuant to sentence 1 article 2, paragraph 5, sentence 1, 2, and 8 also applies for the explanation. Will be the Declaration not submitted until 15 August of the relevant accounting year, customer structure charge shall be determined by 5 percent. Limitation periods are the periods referred to in sentences 1 and 3.
Footnote (+++ § 2c: to the application see section 7c para 4 +++) § 2d reduction of the annual fee (1) the annual fee reduced subject to paragraph 3, to a reduction of 15 per cent for an existing trust insurance (insurance discount). The insurance company must meet the following conditions: 1. the insurance must replace the Institute financial losses caused by trusted third parties through intentional torts and damages committed under the statutory provisions. Trusted third parties are all at the time of the damage caused at the Institute employees including Board members, Managing Director, supervisory, administrative and advisory boards (Board members). Board members, who are directly or indirectly involved in more than 20 percent in the company capital, can be ruled out as persons of trust. Newly added during the term of the insurance trust people to be enclosed with the commencement of their activity for the Institute in the insurance. For retiring persons of trust, the insurance cover must persist until the expiry of 12 months after joining the Institute.
2. the sum insured must be at least 1 million euros.
3. the insurance company must have carried out a comprehensive assessment of risk taken and aligned with its premium pricing because and a premium increase, a reduction in premium or the change of the deductible and the underlying facts of the compensation institution immediately. The respective institution must agree have declares, that the compensation scheme is in used in knowledge.
4. a deductible amounting to at least 10 percent must be agreed up to more than 20 percent of the amount of the loss.
5. rest assured must all damage during the term of the contract, which will be added to the Institute by persons of trust or arise him, that persons of trust directly harm a third party, for which the Institute is liable. Also damage which caused, during the term of the contract but only discovered after the end of the contract and appear the insurer must be insured. The insurer may have reserve, damage within three years after the end of the contract to show are him.
Damages can be excluded from the insurance cover: 1. any damages caused, by personally liable shareholders and shareholder directly or indirectly with more than 20 percent of the share capital of the Institute are involved, 2. damage caused by persons of trust, the commencement of insurance cover or inclusion in the Insurance Institute knew of those that they have committed already intentional tort within the meaning of sentence 2 No. 1 , 3. damage arising prior to the introduction of the insurance case to them to avert or mitigate its effects or only indirectly caused 4. damage caused by expenses for a personal injury, 5. damages that are insurable according to the basic conditions of fire - or Einbruchdiebstahlversicherung, and 6 losses, through war, warlike events, civil unrest, terrorist, available from higher authorities, force majeure , Nuclear energy or environmental impacts are caused in the sense of the environmental liability Act or of the water resources Act.
The terms and conditions may also stipulate that the insurance benefit for any damage caused by Board members, who are directly or indirectly involved in no more than 20 percent in the company capital, will cut according to their participation in the capital of the company. In the amount of the deductible pursuant to sentence 2 number 4 must be not been free party that caused the damage by the Institute from its liability.
(2) the institution must apply to no later than 1 July of each accounting year for the insurance discount and prove the existence of the conditions by submitting a confirmation of the insurance company about the existence and the content of the insurance. The application must have information to the exception of certain members of executive bodies and shareholders of the insurance coverage referred to in paragraph 1 sentence 2 number 1 record 3 and record 3 number 1, as well as to the requirements referred to in paragraph 1 contain set of 5. If the application is made after July 1 will be the confirmation not submitted until August 15, is the motion to reject. The cancellation, termination or suspension of the insurance contract for any other reason, as well as changes to the insurance contract, which in paragraph 1 sentence 2 terms or which in paragraph 1 sentence 3 1 exception touch number, are notified to the compensation scheme. Eliminates the insurance coverage before the end of the next accounting year or meets the insurance contract no longer in paragraph 1 sentence 2 terms, has to redetermine the annual contribution without the insurance discount the compensation scheme. The period referred to in sentence 1 is a deadline.
(3) the insurance discount shall only be accepted if the institution for the entire next fiscal year has completed a confidence insurance. Are Board members referred to in paragraph 1 sentence 2 number excluded 1 set of 3 as a trusted third party or been damages pursuant to paragraph 1 sentence 3 except number 1 of the insurance the insurance discount is 7.5 percent. The amount of insurance discount is limited to 10 per cent of the agreed insurance sum.
Footnote (+++ section 2d: to the application see section 7c para 4 +++) § 3 one-time payment institutions (1), that the compensation scheme be reassigned after 18 July 2013, have to make a one-time payment in addition to the annual fee. The amount of the single payment is the same according to §§ 1 to 2d, and 4 identified annual contribution. Institutions that have to make no annual fee, the minimum contribution is according to § 4, as a one-time payment.
(2) with the Association of the Institute to the compensation scheme, the minimum contribution will be charged initially according to § 4. This minimum is then applied on the one-time payment referred to in paragraph 1. He is basis for calculation of any special feature or an any special payment after section 8 paragraph 6, sentence 2 of the deposit guarantee and investor compensation act, if still no annual fee has been fixed.
(3) the one-time payment will be charged together with the first annual contribution. She is due with the announcement of the decision about the one-time payment.

Section 4 minimum contribution of one-off payment (1) the minimum amount of the one-off payment is 1 the in Article 2a, paragraph 1 number 1 half set 2, number 2, 4 and number 5 half-sentence 2 mentioned institutes 6 300 euros;
2. when in Article 2a, paragraph 1, point 5 half-sentence 1, number 3 and number 8 half-sentence 2 mentioned institutes 4 200 euro;
3. when in Article 2a, paragraph 1 number 1 half-sentence 1, number 7 and number 8 half-sentence of 1 above institutions 2 100 EUR;
4. when the institutions referred to in Article 2a, paragraph 1 No. 6 1 050 euro.
(2) the minimum amount of the one-off payment is due with the announcement of the decision about the minimum amount of the one-off payment.

§ 5 special contributions, special payments, and load limit (1) the amount of a special contribution or a payment according to article 8 paragraph 3 to 6 of the deposit guarantee and investor compensation act is for each associated institution at least 1 050 euros. For institutions that are authorised to give property or ownership of funds or securities of their clients, in the provision of their services, the amount is at least EUR 2 100. 2 b shall apply Article 2a, paragraph 2 and article.
(2) in calculating the contribution of a special or a special payment according to § 8 paragraph 6, sentence 1 of the deposit guarantee and investor compensation act, a fictional year contribution within the meaning of § 8 paragraph 6 sentence 4 of the deposit guarantee and investor compensation act will be determined if has an institution in the financial statements, which was decisive for the calculation of the last due annual contribution, according to § 340 g of the commercial code formed a special item or resolved that had to be made not in accordance with section 340e paragraph 4 sentence 1 of the commercial code. The fictional year fee will be determined subject to the set of 3 according to section 1, paragraph 1, sentence 2 to 4, paragraph 1a and 2. In the determination of the net profit according to section 1, paragraph 1, sentence 2 the formation and resolution of a special item pursuant to § 340B is considered determining the notional annual contribution g of the commercial code for the half, unless the special item not in accordance with section 340e paragraph 4 sentence 1 of the commercial code had to be made. The institutions must amount to see additions to the special items and the income from the reversal of special item according to the § 340 g and 340e paragraph 4 of the commercial code compared to the compensation scheme under presentation of the established annual financial statements in detail. Section 2, paragraph 4 shall apply mutatis mutandis. Insofar as the indicator of an institution of the compensation institution pursuant to sentence 4, she has to ask the institution before making a special contribution or a payment to the report within a period of four weeks or to furnish missing information. Are the information not submitted within this period, are also the special items that had to be made in accordance with section 340e paragraph 4 sentence 1 of the commercial code, to take into account in the determination of the net profit according to § 1 paragraph 1 sentence 2 determining the notional annual contribution only to the half.
(3) the sum of 1 the special contributions of Institute, 2 the special payments of an institution, 3. a one-time payment, where appropriate, collected an Institute and 4. the annual contribution, which was set before the special payment collection or the special contribution survey last may in a fiscal year total, 45 per cent of the profit for the year determined in accordance with section 1, paragraph 1, sentence 2 and 3 do not exceed (load limit); the provisions of paragraph 1 sentence 1 and 2 remain unaffected. The observed annual accounts that contains the audit report for the last financial year completed prior to the fixing of the special contribution or the special payment is decisive for the calculation of the load limit. Section 2, paragraph 3, sentence 4 shall apply mutatis mutandis. The last financial year ended less than six months prior to the survey of the special contribution or the payment of the established annual financial statements including audit report for the previous financial year is decisive, unless the financial statements for the year relevant pursuant to sentence 2 determined before the collection of the special contribution or the special payment; in this case, the annual financial statements is relevant pursuant to sentence 2. If the documents are not available the compensation scheme pursuant to sentences 2 to 4 and no case of article 2 (3) sentence 4 is given, which has prompted the Institute before the collection of the special contribution or the special payment compensation scheme, within a period of four weeks 1 to submit the relevant according to set of 2 or 4 established accounts with the audit report, and 2. If the last financial year ended less than six months prior to the survey of the special contribution or the special payment , expressly to declare that the annual accounts for the last financial year is still not detected.
Comes the prompt within this period not to an Institute or the relevant annual accounts is not determined, is not to apply the load limit pursuant to sentence 1.
(4) the establishment of compensation has recorded a loan, which fully meets the needs of the media, she is entitled to meet the remaining needs through special contributions if their obligations pursuant to section 5, paragraph 4 of the deposit guarantee and investor compensation act that can be met in time. This also applies if the compensation scheme has recorded a credit facility obtained not completely, and the remaining needs can be met by special contributions in a timely manner. The post survey pursuant to sentences 1 and 2 can be done in instalments in accordance with § 5a.
Footnote (+++ § 5: to the application see section 7c para 4 +++) § 5a collecting special contributions in instalments (1) when deciding about the levying of special contributions in instalments according to § 8 paragraph 3 sentence 2 of the deposit guarantee and investor compensation act the compensation scheme has the expected 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, of insolvency proceedings, the estimated amount of total compensation in the meaning of § 8 paragraph 3a sentence 3 and 4 of the deposit guarantee and investor compensation act , to take into account the financial situation of the Insurance Institute and the other funding is expected for the compensated available. Regardless of the power of the compensation scheme, to charge special contributions and special payments, in a fiscal year, special contributions to be collected in installments, at least in the space of a year. The special contribution is compulsory for all companies which were associated with the compensation scheme at the beginning of the accounting year in which a partial amount is raised. The amount of the special contribution by an institution is to determine for each instalment separately according to § 8 paragraph 6 of the deposit guarantee and investor compensation act.
(2) the compensation scheme has to inform the Institute prior to collection of the first instalment of the intended course of action of the contribution collection. The information shall include the requirements established by the compensation scheme, estimated the amounts to be collected by the institutions as a whole part and the proposed dates for the post survey.

section 5 (b) exemption from the requirement for the performance of special contributions and special payments
(1) a full or partial exemption from the obligation to provide a special contribution or a payment according to article 8 paragraph 6 set 8 of the deposit guarantee and investor compensation act takes place only at the request of the concerned Institute. The institution must apply for the exemption within the opposition period relevant to the challenge of each special contribution or special payment decision and submit the confirmation of an auditor or an audit firm, that through the whole on the compensation scheme in the respective fiscal year to be paid payments would be danger for the fulfillment of obligations to his creditors and the prerequisites for the formation of measures pursuant to § 46 paragraph 1 sentence 1 of the German Banking Act would be given. The confirmation can be submitted within two months after the respective special contribution or special payment order is been announced the Institute pursuant to sentence 2.
(2) Institute, in which the Federal Agency has determined the compensated may not be exempt from the obligation to pay special contributions and special payments.
Footnote (+++ § 5B: to the application see section 7c para 4 +++) § 5c interest year contribution, the special contribution, the special payment, the one-time payment, or the minimum contribution was not paid until the end of 30 days after the due date according to § 4, collects the Entschädigungseinrichtung interest if the interest exceed 50 euros. The provisions of the civil code to the payment are additionally apply mutatis mutandis.

§ 6 certification by auditor at financial services institutions, whose balance sheet total does not exceed EUR 150 million in the last financial year the certificates according to article 2, paragraph 2, sentence 5 and paragraph 4, Article 2a, paragraph 2, sentence 3, § can 2 b sentence 2 and paragraph 2 c paragraph 1 sentence 4 and section 5 b also by sworn auditors or book audit be carried out. As far as a financial services institution pursuant to article 31 paragraph 2 of the Banking Act of the obligations pursuant to § 26 of the Banking Act for the submission of an audit report was released, those acknowledgments can be made also by a tax consultant.

§ Can be disregarded 90 per cent of the gross income from financial transactions in determining pursuant to § 2 para 2 without proof of 7 transitional provisions (1) in the years 1999 and 2000.
(2) in 1999 set 3, no. 6, para 2 is 4, 5 sentence 1 and § 5 para 2 sentence 3 instead of 1 July of 10 September 1999 in the application of § 2 para 1 sentence 1, significantly. § 2 para 1 sentence 1 is no. 6 and set 3, para 2 and 4 in conjunction with § 6 confirmation Auditors or audit firms to submit by way of derogation from sentence 1 no later than on 31 December 1999; the annual contribution is to set in these cases as a down payment. Presented the confirmation until December 31, 1999, the payment is equivalent to the annual contribution.
(3) the annual accounts or the revenue surplus account or the data according to § 2 para 4 on September 10, 1999 are not available, is the fixing of the payment and the calculation of the annual fee without further notice in accordance with the § 2 para 5. the annual accounts or the revenue surplus statement according to § 2 para 4 or which according to § 2 para 4 in conjunction with article 6 required confirmation on December 31, 1999 is not available that the payment is according to section 2 paragraph 5 sentence 1 year contribution.
(4) paragraphs 1 and 2 in the version of the first regulation to amend the regulation on the contributions to the compensation scheme of the securities trade companies with the Kreditanstalt für Wiederaufbau (first amending Regulation) are to apply for the first time to the annual contribution for the year 2000. In 2000, the 45th calendar day after the promulgation of the first amending Regulation is decisive for the application of § 2 para 2 instead of 1 July. In cases where opposition against an administrative decision on the contribution of the year 1999 has been inserted and the decision is not final, the §§ 1 and 2 in the version of the first amending Regulation for the first time on the annual contribution for the year 1999 are to apply. In these cases the 45th calendar day after the promulgation of the first amending Regulation is relevant in applying paragraphs 2 and 3 instead of 10 September 1999 and instead of 31 December 1999. The sentences 2 to 4 are not applicable, as far as it would lead to an increase in the contribution.
(5) for institutions, a permit for the provision of financial services within the meaning of § 1 paragraph 1a sentence 2 No. 1a to 1 c of the Banking Act or to provide investment advice after no. 3 of the Investment Act section 7 para 2, and as a result in 2008 for the first time to an annual contribution be used or where due to this permit result result-relevant changes to determine of your annual fee for the year 2008 , extends the deadlines for the delivery of contribution-related data according to § 2 para 4 and 5, for the detection of deduction amounts according to § 2 para 1 sentence 1 No. 6 last half sentence and that temporary privilege of income pursuant to section 2 para 2 once by July 1, 2008 to September 26, 2008. In consideration of section 2 para 2 sentence 1 No. 4 apply gross Commission income from financial services within the meaning of § 1 paragraph 1a sentence 2 No. 1a is no. 3 of the investment law, as far as the respective compensation claim arose before 1 November 2007 to 1 c of the Banking Act, as well as from services pursuant to § 7 para 2, than those who do not come from securities transactions.
(6) for companies for a permit for the provision of financial services within the meaning of § 1 paragraph 1a sentence 2 No. 1a until 1 c of the Banking Act in accordance with the § 64i of the Banking Act granted applies and which on this permission to the Federal Agency for financial services supervision have waived, is the obligation to contribute away, as far as the company up to the time of access of the waiver by the permission made no use has. This only applies if the waiver declared until September 26, 2008 to the Federal Agency.
(7) sections 1 to 2 b, applied as in force 2d and 5 to 6 in the August 26, 2009 shall apply for the first time on the accounting year ending on September 30, 2009. Unless these regulations called the July 1 as a deadline, it is replaced September 16 for the accounting year ending on September 30, 2009 by the deadline. As far as the regulation of August 15 as a date is called, it is replaced 30 September for the accounting year ending on September 30, 2009 by the date.
(8) amended pursuant to § 2 c in the August 26, 2009 applicable customer structure supplement is to charge for the first time for the accounting year ending on September 30, 2010.
(9) in the case of institutions, that the compensation scheme have been assigned to before August 26, 2009, will be charged the one-time payment further to the articles 3 and 4 of this regulation in the version applicable up to August 25, 2009.

Article 7a transitional provisions to the fifth Ordinance amending the EdW post regulation (1) to Institute, associated with the compensation scheme before the end of the 18th July 2013 have been, are further apply the articles 3 and 4 in the version applicable up to July 18, 2013.
(2) section 5c in the version applicable from 19 July 2013 is to apply for the first time to the annual fees collected from August 1, 2013, special contributions, special payments, one-time payments and contributions.
(3) §§ 1 to 5, 5B and 6 in the 19 July 2013 applied as in force shall apply for the first time on the accounting year ending on September 30, 2013. In cases where these regulations of July 1 as the date is called, this is replaced the date for the accounting year ending on September 30, 2013 August 16, 2013. In cases in which the regulation is of August 15 as a date, this is replaced the date for the accounting year ending on September 30, 2013 August 30, 2013.

in accordance with § 8 paragraph 8 sentence 3 of the deposit guarantee and investor compensation act the Federal Agency for financial services supervision transferred § 7 b sub delegation which is empowered to adopt amendments to this regulation by regulation.

§ 7c transitional provisions to the sixth regulation of EdW post regulation (1) institutions that have made contributions to special items in accordance with the paragraphs 340 g and paragraph 4 of the commercial code 340e before 22 July 2014, have this compensation scheme until 12 August 2014 allowing for the accounting year from October 1, 2012 to September 30, 2013 amount to display relevant identified financial statements in detail. Section 2, paragraph 4 shall apply mutatis mutandis.
(2) Institute, which has not applied for an insurance discount after paragraph 2d or b for the fixing of the annual fee for the fiscal year from October 1, 2012 until September 30, 2013 discount offence according to section 2, paragraph 2, sentence 2 to 4, a different mapping to a different group of contribution referred to in paragraph 2 or the number of creditors for the purposes of section 2 c have not specified and proven, section 5, paragraph 2, sentence 2 and 3 of the can do so for the purposes of calculating imaginary annual contribution to 22 July 2014 do amended 12 August 2014. Article 2, paragraph 2, sentence 5 and 6, § 2 sentence 2, § 2c paragraph 1 sentence 4 and Article 2d, paragraph 2, sentence 1 and 2, each as amended July 22, 2014, shall apply mutatis mutandis. The period referred to in sentence 1 is a deadline.
(3) § 5 paragraph 2 as amended July 22, 2014 is to apply g of the commercial code only in cases of the dissolution of a special item pursuant to § 340B insofar as this provision was also applicable in its formation. Partial resolution of the special item, the instalment of the special item as resolved, whose education was still not applicable § 5 paragraph 2 as amended July 22, 2014 is first for the purposes of sentence 1.
(4) paragraphs 2, 2a, 2B, 2c, 2d, 5 and 5b in the July 22, 2014 applied as in force shall apply for the first time on the accounting year ending on September 30, 2014.

Article 8 entry into force this regulation enters into force on the day after the announcement.