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

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

Non-official Table of Contents

EdWBeitrV

Date of expiry: 19.08.1999

Full quote:

" EdW Contribution Decree of 19. August 1999 (BGBl. 1891), as last amended by the Regulation of 16 December 1991. July 2014 (BGBl. I p. 1035) "

:Last modified by V v. 16.7.2014 I 1035

For details, see the menu under Notes

Footnote

(+ + + Text evidence from: 1.9.1999 + + +)
(+ + + For application d. § § 2, 2a, 2b, 2c, 2d, 5 u. 5b in the version valid from 22.7.2014
see Section 7c (4) + + + +)

Title: Short description and 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 section 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 for the Kreditanstalt für Wiederaufbau in accordance with Section 6 (1) sentence 2 No. 3 of the Deposit Guarantee and Investor Compensation Act: Non-official Table of Contents

§ 1 Annual Contribution

(1) Institute, which is the compensation institution for institutions pursuant to § 6 (1) sentence 2 no. 3 of the Deposit guarantee and investor compensation law with the Kreditanstalt für Wiederaufbau (compensation facility) are assigned to the compensation facility at the latest on the 30th of each year. September, annual contributions shall be made. 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 shall indicate in detail the formation, dissolution and use of provisions for contributions to contributions to the compensation institution, subject to presentation of the annual financial statements.(1a) The annual contribution shall be at least EUR 1 050 for each associated institution. 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 customers in the provision of their services. § 2a (2) and (2b) shall apply accordingly.(2) The institutions responsible for the indemnity of the compensation institution shall be subject to the obligation to pay the compensation. The year before the date of maturity of the annual contribution. The annual contribution shall be reduced for institutions which shall be 1. January to 31 January A 75% increase in contributions due from the compensation scheme, for institutions of the 1. April to 30. A 50% increase in the number of people who are due to leave the country.(3) The annual contributions shall be due for the publication of the annual contributions, unless the compensation institution determines a later due date. Non-official table of contents

§ 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) For the determination of the contribution-relevant returns, use
1.
all gross margin applications and
2.
not derived from unrealized gains gross income of the trading stock.
In determining the contribution-relevant returns, the expense of hedging transactions can be found in the Account shall be taken of the relationship with commercial transactions and the risks to be deducted in accordance with Article 340e (3), first sentence, 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. Furthermore, after taking into account the cost of hedging transactions, the determination of the contribution-related income may also be disregarded:
1.
Bruttoprovisionsersluts, which have been refunded to customers and are also shown as gross revision effort,
2.
Bruttoprovisionsersluts, other institutions within the meaning of § 1 (1) of the Deposit Guarantee and Investor Compensation Act or other deposit credit institutions or Securities trading companies within the meaning of Article 1 (3d) of the Banking Act in other countries of the European Economic Area have been forwarded for the implementation of parts of securities transactions and at the same time as gross inspection effort ,
3.
gross income of the trading stock not originating from unrealised profits, insofar as it is the net income from the comparison of the gross income of the trading stock.
4.
gross commission income not derived from securities transactions within the meaning of Section 1 (3) of the Deposit Guarantee and Investor Compensation Act,
5.
Gross income received as a pool compensation courtage,
6.
90 percent of gross profit and non-unrealised gross income of the trading stock, each of which comes from stores with the customers, which are § 3 (2) of the Deposit Guarantee and Investor Compensation Act shall not be entitled to compensation in so far as such income does not result from transactions with end customers entitled to compensation, and
7.
90 percent of gross profit and non-unrealised gross income of the trading stock, each from those shops with other institutions , which have been made by the other institutions in their own name.
For income which is covered by more than one reduction in the rate of reduction of the rate of 4, only one discount can be applied at a time. The rates of reduction referred to in sentences 2 to 4 may be applied only if the institution is taken into account by the institution at the latest on the basis of the compensation body. In July, the relevant accounting year is requested and the information necessary for the use of the reduction status, as well as the amount of the remaining income, is requested by the confirmation of an auditor or an auditor. Auditing company. 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 is not available at the latest by 1. In accordance with the provisions of paragraph 5 (2), (3) and (8), paragraph 5 (2), (3) and (8) shall apply in accordance with the provisions of paragraph 5 (2), (3) and (8) only to the extent that it does not result in a higher contribution than that of non-consideration of the If the application is made after 1. The Commission shall not, in any case, be required to take action before the end of the period. The application shall be rejected. The time limits set out in sentences 6, 8 and 9 shall be periods of exclusion.(3) For the calculation of the annual contribution, the annual financial statements and the audit report for the last one before the first one are decisive. The financial year ended in March of the respective accounting year. 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. Had newly assigned institutes for the last before the 1. The annual financial statements for which no financial statements are to be drawn up or an annual financial statements which do not involve a business activity leading to an allocation to the compensation institution of the securities trading companies shall be drawn up for the Calculation of the annual contribution the corresponding positions of the Plangewinn to be submitted in connection with § 32 (1), second sentence, point 5 and sentence 3 of the Banking Act, in conjunction with Section 14 (7) (1) of the ad regulation before the commencend of the transactions. and loss account 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 accounting firm. can be detected. 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 vis-à-vis the indemnification institution , and the liability for damage caused by negligence has not been limited beyond the limits set out 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 Accuracy by means of an insurance on the oath instead of the management or the declaration of an auditor or an accounting firm is to be confirmed.(5) The information required for the calculation of the annual contribution and confirmed in accordance with paragraph 4 shall be the institution of the compensation institution at the latest on 1 January 2007. to be submitted in July of the respective accounting year. If the required and confirmed information is available on the 1. The Institute shall not present it before the end of the period of 15 July. August of the respective accounting year. If the information is available before the end of the 15. The compensation system shall determine the annual contribution, taking into account these data and the collection of a 10% surcharge, in August of the respective accounting year. If the information is not available before the end of the 15. The compensation institution shall, on the basis of the size and structure of the institution ' s operations, or a group of comparable institutions, have the income necessary for the calculation of the annual contribution. on this basis, the 1.35 -fold of the annual contribution shall be fixed as a payment of the amount of the annual instalment. The data shall also be made up to 31. The amount of the annual contribution shall be deemed to be the annual contribution of the following accounting year; if the information is submitted by that date, the compensation system shall make the annual contribution taking into account the following: the subsequent information and the collection of a 25% surcharge. The required documents shall be submitted in accordance with the 31. By way of derogation from the first half-sentence of the first half-sentence, the annual contribution calculated on the basis of these documents shall be fixed at a supplement of 25 per cent, provided that the contribution thus calculated shall be calculated on the basis of the following accounting year. 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 shall be 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 collected is the highest.

Footnote

(+ + + § 2: For application see Section 7c (4) + + +) Non-official table of contents

§ 2a Height of the Contribution rate

(1) The contribution rate is
1.
2.46 per cent in the case of credit institutions that do not Deposit credit institutions within the meaning of Section 1 (3d) sentence 1 of the Banking Act are and have been granted a permit to operate banking transactions within the meaning of Section 1, paragraph 1, sentence 2, point 4 or 10 of the Banking Act; is the The contribution rate shall be 7.7 per cent.
2.
2.
style="font-weight:normal; font-style:normal; text-decoration:none;"> 3.85 percent of credit institutions that do not fall under number 1 and are not a deposit credit institution within the meaning of § 1 paragraph 3d sentence 1 of the Banking Act, to which a permit for the provision of financial services within the meaning of Section 1 (1a), second sentence, points 1, 1a, 1b, 1c, 2 or 3 of the Banking Act and empowered to have ownership or possession of funds in the provision of financial services or securities of customers; if the Institute also has the permission to provide financial services within the meaning of the second sentence of Article 1 (1) (2) (4) or § 32 (1a) of the Banking Act, the contribution rate shall be 7.7 %;
3.
1.23% of credit institutions not covered by point 1, and non-deposit credit institutions within the meaning of Section 1 (3d) sentence 1 of the Banking Act , to which a licence has been granted for the provision of financial services within the meaning of Article 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 financial services To obtain ownership or ownership of customers ' funds or securities;
4.
2.46% for credit institutions not covered by point 1 and not Deposit credit institutions within the meaning of Section 1 (3d) sentence 1 of the Banking Act, which have been granted a permit to provide financial services within the meaning of Section 1 (1a) sentence 2 (4) or § 32 (1a) of the Banking Act , and who are not authorised to obtain ownership or ownership of customers ' funds or securities in the course of the provision of financial services;
5.
3,85 % of financial services institutions 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 authorised to take part in the provision of financial services , in addition, the Institute shall have the permission to provide financial services within the meaning of Section 1 (1a), second sentence, point 4 or section 32 (1a) of the Banking Act, shall be granted to the Institute in addition to the the contribution rate 7.7 per cent;
6.
1.23 per cent for financial services institutions, to which a permit within the meaning of § 1 (1a), second sentence, number 1, 1a, 1b, 1c, 2 or 3 of the Banking Act, and which are not authorized to obtain ownership or ownership of customers ' funds or securities in the course of the provision of financial services;
7.
2.46 percent of financial services institutions that have been granted a permit within the meaning of Section 1 (1a) sentence 2 (4) or § 32 (1a) of the Banking Act and which are not authorized to obtain ownership or ownership of customers ' funds or securities in the course of the provision of financial services;
8.
1.23% Capital management companies within the meaning of Section 1 (1) (4) of the Deposit Guarantee and Investor Compensation Act, which are not authorized to perform service or ancillary services pursuant to § 7 (2) (1), (3) and (4) of the Deposit Insurance and Investor Relief Act an investment act or, in accordance with Article 20 (2) (1) to (3) or (3) (2) to (5) of the Capital Act, to obtain ownership or possession of funds or securities of customers; is the capital management company empowered to participate in the Provision of service or ancillary services in accordance with Section 7 (2) (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, property or property in funds, or The contribution rate shall be 3.85 per cent.
(2) For the assignment referred to in paragraph 1 (1) to (8), the institution ' s permission shall be the last before the 1. The financial year ended in March of the respective 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 has to contain the declaration that
1.
the Signatories have no knowledge that the Institute shall be in the securities business in the sense of § 1 (3) of the Deposit Guarantee and Investor Compensation Act is empowered to acquire ownership or ownership of funds or securities of its customers, and
2.
Reasonable organizational precautions have been taken to ensure that the institution does not have ownership or ownership of funds or securities of its customers , without the institution having been granted a power to do so by its customers;
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 change of permission or of the power during this financial year, those ratios which justify a higher annual contribution are relevant.

Footnote

(+ + + § 2a: For application cf. § 7c para. 4 + + +) Non-official table of contents

§ 2b Differing assignment to contribution groups

On request, the compensation facility can in the following cases a disassociate the contribution groups according to § 2a (1):
1.
An institution may be assigned to a group with lower rates of contributions if it is Shows that the income-related income from transactions that would lead to higher rates of contribution was marginal; the income was, as a rule, slightly lower if it did not yield 10% of the contribution-related income
2.
In the event of a change in the permission of an institution or of the authority to participate in the provision of financial services or banking transactions in accordance with § 1 In paragraph 1, second sentence, point 4 or 10 of the Banking Act, ownership or possession of funds or securities of customers may be based on those ratios which have a lower contribution rate. if the institution proves that these conditions are in excess of time in the last financial year.
The institution must submit an application in accordance with the first sentence of 1 January 2007 at the latest by 1. In accordance with § 2 (4), submit proof of the existence of the respective conditions. If there is no proof up to 1. Article 2 (5), second sentence, 3 and 8 shall apply in accordance with the proviso that a surcharge shall be levied only in so far as it does not result in a higher contribution than the failure to take into account the application. 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 set out in the second sentence is an exclusion period.

footnote

(+ + + § 2b: For application, see § 7c (4) + + +) Non-official table of contents

§ 2c Increase of the annual contribution

(1) The annual contribution shall be increased by a supplement of 20% if the institution during the last relevant financial year has at least 10 000 creditors entitled to compensation in principle within the meaning of § 3 (1) and (2) of the Deposit Guarantee and Investor Compensation Act (Deposit Guarantee and Investor Compensation Act) with which securities transactions within the meaning of Article 1 (3) of the Deposit Insurance and Investor Compensation Act have been made 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 surcharge of the client is 10% of the annual contribution. In the case of the indication and the 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 percent and that no delay surcharge shall be required. if only the indication or proof of the creditor numbers is missing.(2) In the case of a newly allocated institution in the respective accounting year, the annual contribution shall not be increased by the customer structure surcharge if the institution is not at least 1. July of the respective accounting year declares that in the assignment to the compensation facility there are no creditors entitled to compensation in principle within the meaning of § 3 (1) and (2) of the Deposit Guarantee and Investor Compensation Act (Deposit Insurance Act) had. In the case of the declaration referred to in the first sentence, the first sentence of Article 2 (5), the second sentence and the second sentence Will the statement not be made up to the 15. A customer structural surcharge of 5 per cent shall be fixed in August of the respective accounting year. The time limits set out in sentences 1 and 3 are periods of exclusion.

footnote

(+ + + § 2c: For application, see § 7c (4) (4 + + +)) Non-official Table of contents

§ 2d Discount of the annual contribution

(1) The annual fee is reduced, subject to paragraph 3, by a discount of 15 per cent for an existing loss of confidence insurance (insurance discount). The insurance must comply with the following conditions:
1.
The insurance must be made by the institution of property damage, which is caused by deliberate unauthorised persons. Actions are caused and they are obliged to replace them in accordance with the statutory provisions on 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 The insurance sum must be at least EUR 1 million.
3.
The insurance company needs to make a comprehensive assessment of the risk taken and align its premium calculation with it and immediately communicate a premium increase, a reduction in premiums, or the change in the deductible and the underlying facts of the compensation facility. The respective institute must have agreed that the compensation facility will be informed about it.
4.
A deducted amount must be made in the amount of of at least 10 percent to a maximum of 20 percent of the amount of the claim.
5.
Be sure all of them must be insured during the term of the contract. Damage inflicted on the institution itself by persons of confidence, or resulting from the direct damage to third parties for which the institution 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 as well as partners who directly or indirectly with more than 20 percent of the company's capital
2.
Damage caused by trusted persons, of which the institution knew at the beginning of the insurance or inclusion in the insurance company that: they have already committed intentional unauthorised acts within the meaning of the second sentence of sentence 2,
3.
Damage which arose prior to the occurrence of the insurance case, in order to: to avert it or to reduce it in its effects or be caused only indirectly,
4.
Damage caused by expenses incurred for personal injury
5.
Damage that is insurable according to the basic conditions of fire or break-in theft insurance, and
6.
Damage caused by war, warlike events, inner riots, terror, high-hand, force majeure, nuclear energy, or environmental impact in the sense of the environmental liability law or the water budget law.
The insurance conditions may also provide that the insurance performance for damage caused by organ members, which are directly or indirectly with no more than 20 per cent of the share capital, is reduced according to their participation in the share capital. In the amount of the deductible provided for in the second sentence of the second sentence, the person responsible for the damage may not have been exempted from the institution of his liability.(2) The institution shall take the insurance cover up to the first time at the latest. In July of the respective accounting year, the existence of the conditions and the confirmation of the insurance company confirming the existence of the insurance company and the content of the insurance company shall be established. 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 referred to in the fifth sentence of paragraph 1. If the application is made after 1. The confirmation will not be made until the 15th of July. 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 fee without the To redefine the insurance cover. The time limit referred to in the first sentence shall be an exclusion period.(3) The insurance surcharge shall only be 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 insured sum.

Footnote

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

§ 3 One-off payment

(1) Institute, which is the compensation institution after the 18. In addition to the annual contribution, a one-off payment is to be made in July 2013. 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 section 8 (6) sentence 2 of the Deposit Guarantee and Investor Compensation Act, if no annual contribution has yet been set.(3) The one-time payment shall be 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 one-off payment

(1) The minimum contribution of the one-off payment is
1.
for the institutions mentioned in Section 2a (1) (1), Section 2, Number 2, (4) and (5), second half-sentence, 2 300 Euro;
2.
for the institutions listed in Section 2a (1), point 5, substitutes 1, point 3, and point 8, half-sentence, 2 200 euros;
3.
for the institutions listed in Section 2a (1), Section 1, Subsentence 1, Number 7 and Point 8 (1), 1 100 Euro;
4.
in the case of the institutions referred to in Section 2a (1) (6) institutions 1 050 Euro.
(2) The minimum contribution of the one-off payment will be made with the announcement of the minimum contribution of the one-time payment due. Non-official table of contents

§ 5 Special contributions, special payments, and maximum charge 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, at least EUR 1 050 is payable for each associated institution. For institutions empowered to obtain ownership or ownership of funds or securities of their clients in the provision of their services, the amount shall be at least EUR 2 100. § 2a (2) and (2b) shall apply accordingly.(2) In the case 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 Article 8 (6) sentence 4 of the Deposit Guarantee and Deposits Insurance Act. Investor compensation law, if an institution has formed or dissolved a special item according to § 340g of the Commercial Code in the annual financial statements which were relevant for the calculation of the most recent annual contribution due to the annual financial statements, the was not to be formed in accordance with Section 340e (4) sentence 1 of the Commercial Code. 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), paragraph 1a and 2. In determining the annual surplus in accordance with Article 1 (1), second sentence, for the purpose of calculating the fictitious annual contribution, the formation and dissolution of a special item in accordance with Section 340g of the Commercial Code shall be taken into account only in half, provided that the special item is was not to be formed in accordance with Section 340e (4) sentence 1 of the Commercial Code. The institutions have the grants for the special item and the proceeds of the dissolution of the special item pursuant to sections 340g and 340e (4) of the Commercial Code with regard to the compensation facility, subject to the annual financial statements In detail, the Commission shall indicate 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 provided. If the information is not submitted within this period, the special items which had to be formed pursuant to Article 340e (4) sentence 1 of the Commercial Code are also to be used in determining the annual surplus in accordance with Article 1 (1), second sentence, for the measurement of the annual surplus. the fictitious annual contribution to be taken into account only in half.(3) The sum of
1.
the special contributions of an institute,
2.
the special payment of a Institute,
3.
a one-time payment of an institute and
4.
the annual contribution that was last fixed before the special payment survey or the special contribution survey,
may be used for a total of 45 percent of the total in accordance with Article 1 (1) (2) and (3), the annual surplus shall not exceed (limit of charge); the provisions of the first and second sentences of paragraph 1 shall be without prejudice to this. 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 special contribution or the special payment has been collected. within an exclusion period of four weeks
1.
the annual financial statements with the audit report determined in accordance with the second sentence of the second sentence or sentence 4 and
2.
if the last financial year ended less than six months prior to the collection of the special contribution or the special payment, that the annual accounts for the last financial year are not yet 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 shall be: not to apply in accordance with the first sentence.(4) If the compensation institution has taken up a loan which does not fully cover the needs of the funds, it shall be entitled to cover the remaining requirements by means of special contributions if their obligations pursuant to Article 5 (4) of the Deposit Guarantee Section and investor compensation law can be fulfilled in good time. 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 recovery of contributions according to sentences 1 and 2 may be carried out in partial amounts according to § 5a.

footnote

(+ + + § 5: For application see § 7c (4) (4 + + +)) Non-official Table of contents

§ 5a Collection of special contributions in partial amounts

(1) In the decision on the collection of special contributions in partial amounts pursuant to § 8 (3) sentence 2 of the Deposit Guarantee and Investor Compensation Act, the compensation institution 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 expected extent of the compensation procedure the total compensation within the meaning of § 8 (3a) sentence 3 and 4 of the Deposit Guarantee and Investor Compensation Act, the financial situation of the contributing institutions and that is likely to be available for the compensation case shall take account of other means. 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 shall be determined for each partial amount separately in accordance with § 8 (6) of the Deposit Guarantee and Investor Compensation Act.(2) The compensation institution shall inform the institutions before the first partial amount has been collected on the intended procedure for the contribution of the contribution. The purpose of the information is to 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 from the obligation to perform special contributions and special payments

(1) A full 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 given. 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 Bundesanstalt has determined the case for compensation cannot be exempted from the obligation to perform special contributions and special payments.

footnote

(+ + + § 5b: For application see § 7c para. 4 + + +) Non-tampering table of contents

§ 5c Interest rate interest

Is the annual contribution up to 30 days after the due date, the special contribution that Special payment, the one-off payment or the minimum contribution pursuant to § 4 has not been paid, the compensation facility charges 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. Non-official table of contents

§ 6 Reviewer confirmation

For financial services institutions, whose balance sheet total in the last financial year 150 million 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 also be made 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 carried out. Non-official table of contents

§ 7 Transitional rules

(1) In 1999 and 2000, 90 percent of gross income from financial operations can be found at the Determination in accordance with § 2 (2) without proof shall remain unaccounted for.(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 shall be replaced by the first sentence of the first sentence of the first sentence of the first sentence. July of the 10th September 1999. By way of derogation from the first sentence of the first sentence of Section 2 (1) sentence 1 no. 6 and sentence 3, para. 2 and 4 in conjunction with Section 6, the confirmation by examiners or audit firms shall be 31. In these cases, the annual contribution shall be fixed as a deposit. Will the confirmation be up to the 31. The annual contribution shall be equal to the annual contribution of the financial year.(3) The annual financial statements or the revenue surplus invoice or the data in accordance with § 2 (4) of the 10. On the basis of the provisions of Article 2 (5) of the Treaty, the amount of the payment shall be fixed and the annual contribution shall be calculated without further notice of time-limit. If the annual financial statements or the revenue surplus account is in accordance with § 2 para. 4 or the confirmation required in accordance with § 2 para. 4 in conjunction with § 6, on the 31. As of December 1999, the final payment shall be deemed to be an annual contribution in accordance with Section 2 (5) sentence 1.(4) Articles 1 and 2, as amended by 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 on the Annual contribution to be applied for the year 2000. In 2000, the application of Section 2 (2) shall be replaced by the 1. July of the 45th Calendar day following the announcement of the First Amendment Regulation. In cases where opposition to a decision on the 1999 annual contribution has been filed and the communication is not final, § § 1 and 2 in the version of the First Amendment are for the first time on the annual contribution for the year 1999 , In such cases, the application of paragraphs 2 and 3 shall be replaced by 10. September 1999, and instead of 31. December 1999, 45. Calendar day following the announcement of the First Amendment Regulation. Sentences 2 to 4 shall not apply 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 § 1 (1a) sentence 2 no. 1a to 1c of the Banking Act or to investment advice in accordance with § 7 para. 2 No. 3 of the investment law and on the basis of that in the year In 2008, for the first time in an annual contribution, or in which, on the basis of this permission, result-relevant changes for the determination of their annual contribution for the year 2008 result, the time-limits for transmission are extended. Data on the contribution of contributions pursuant to § 2 (4) and (5), the proof of deduction amounts pursuant to § 2 (1) sentence 1 no. 6 of the last half sentence and the temporary privilege of proceeds pursuant to § 2 para. 2 once of the first sentence of 1. July 2008 on 26 November 2008 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 the services provided for in Section 7 (2) (3) of the Investment Act shall apply insofar as the the respective remuneration claim before the 1. It was created in November 2007, as such, which did not come from securities transactions.(6) For companies for which a permit to provide financial services within the meaning of § 1 (1a) sentence 2 no. 1a to 1c of the Banking Act is deemed to be granted in accordance with Section 64i of the Banking Act and which shall be subject to this permission The German Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht) has waived the obligation to pay, as far as the company has not made use of the permit until the date of receipt of the waived declaration. This shall apply only if the waiver is up to the 26. It was declared to the Federal Institute in September 2008.(7) § § 1 to 2b, 2d as well as 5 to 6 in the beginning of the 26. August 2009 is the first to apply to the 30-year-old version of the The accounting year ended September 2009. To the extent that these provisions of the 1. July as the reference date, this is the case for the 30. The accounting year ending September 2009 will be due to the deadline of 16 September 2009. -September. As far as the regulation of the 15. August as the deadline is called, this will be for the 30. The accounting year ending September 2009 will be due to the deadline of 30. -September.(8) The customer structure surcharge in accordance with § 2c in the beginning of the 26. August 2009 is the first for the version of the 30. The accounting year ending in September 2010.(9) In the case of institutions, the compensation institution before the 26. The one-time payment will continue to be made in accordance with § § 3 and 4 of this Regulation in the period up to the 25th of August 2009. The text was adopted in force in August 2009. Non-official table of contents

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

(1) Compensation facility before the expiry of the 18. § § 3 and 4 in the up to the 18th July 2013 are assigned to the The amended version will continue to be applied in July 2013.(2) § 5c in the beginning of the 19th July 2013 is the first time in force for the first time in the first half of 2013. The annual contributions, special contributions, special payments, one-off payments and minimum contributions are to be applied.(3) § § 1 to 5, 5b and 6 in the beginning of the 19th July 2013 is the first to be held on the 30. The accounting year ended September 2013. In those cases where the provisions of these provisions are 1. July as the reference date, this is the case for the 30. The accounting year ending September 2013 will be due to the date of the closing date of 16. August 2013. In the cases where the Regulation of the 15. August as the deadline is called, this will be for the 30. The accounting year ending September 2013 will be due to the deadline of 30 September 2013. August 2013. Non-official table of contents

§ 7b Subdelegation

The power to adopt amendments to this Regulation by means of a decree law shall be conferred in accordance with Article 8 (8) of the Regulation. The Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht) is responsible for the transfer of the deposit 3 of the Deposit Guarantee and Investor compensation Act. Non-official table of contents

§ 7c Transitional provisions for the sixth regulation amending the EdW Contribution Regulation

(1) Institute, which is before the 22. As of July 14, 2014, the compensation system has been given to special items pursuant to Sections 340g and 340e (4) of the German Commercial Code (Handelsgesetzbuch) by 12. August 2014 with the one for the accounting year of 1. October 2012 to 30. The annual accounts for which the annual financial statements were determined shall be indicated in detail. Section 2 (4) shall apply accordingly.(2) institutions which are responsible for setting the annual contribution for the accounting year of 1. October 2012 to 30. September 2013 Disclaimer in accordance with § 2 (2) sentence 2 to 4, a different 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 not applied may be used for the purposes of calculating the fictitious annual contribution according to § 5 (2) sentence 2 and 3 in the from the 22. July 2014, up to 12 July 2014 August 2014. § 2 (2) sentences 5 and 6, § 2b sentence 2, § 2c (1) sentence 4 and § 2d (2) sentence 1 and 2, respectively in the from the 22. The current version of the Directive is valid for July 2014. The time limit referred to in the first sentence shall be an exclusion period.(3) § 5 (2) in the In the case of the dissolution of a special item in accordance with Section 340g of the Commercial Code, only to the extent that this provision was already applicable in the case of its formation, July 2014 shall apply only. In the case of a partial solution of the special item, for the purposes of the first sentence, the partial amount of the special item shall initially be deemed to be dissolved, and in the case of the latter's formation § 5, paragraph 2, shall be deemed to be dissolved in the beginning of 22 It was not yet applicable in July 2014.(4) § § 2, 2a, 2b, 2c, 2d, 5 and 5b in the beginning of the 22. July 2014 is the first to be held on the 30. The accounting year ending in September 2014. Non-official table of contents

§ 8 Entry into force

This regulation will enter into force on the day after the announcement.