Regulation on the supplementary display of financial services institutions and securities trading banks in accordance with the law on credit accounts (supplementary period regulation-ErgAnzV)

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ErgAnzV

Date of completion: 29.12.1997

Full quote:

" Supplementary Ordinance of 29 December 1997 (BGBl. I p. 3415) "

Footnote

(+ + + Text evidence from: 1. 1.1998 + + +) Unofficial table of contents

Input formula

Pursuant to Article 24 (4) of the Law on Credit, which is defined by Article 1 (36) of the Law of 22. October 1997 (BGBl. 2518), in conjunction with Section 1 of the Regulation on the transfer of powers to the Federal Supervisory Office of 19 December 1997 (BGBl) for the purpose of transferring legal orders to the Federal Supervisory Office. 3156), the Federal Supervisory Office for the credit sector, in agreement with the Deutsche Bundesbank, after hearing the leading associations of the institutes: Unofficial table of contents

§ 1 General information

In accordance with Section 64e (2) sentence 4 of the Banking Act (KWG), the Federal Supervisory Office (Bundessupervisory amt) shall be notified in writing in two copies and the central administration of the central bank in charge of the Federal Banking Act (Bundessupervisory Office) in triplicate. They must contain the following information:

1.

Company, legal form, registered office, stating the postal address, where applicable association to which the Institute belongs, and the business purpose of the institute;

2.

the description of the transactions to be continued;

3.

the directors, stating their home address and the composition of the other statutory bodies of the Institute;

4.

the significant holdings held at the Institute (Section 1 (9) of the KWG), specifying the holders, the amount and the structure of these holdings;

5.

the direct holdings held by the institution within the meaning of Article 24 (1) (3) of the KWG, using the form of Appendix 4 to the ad regulation;

6.

the close links within the meaning of Article 1 (10) of the KWG, using the form of Annex 6 to the advertising regulation;

7.

the domestic branch offices, stating the postal address;

8.

the branches abroad, giving the postal address and by adding a copy of the authorisation issued by the competent supervisory authority of the host country;

9.

the cross-border provision of services, indicating the States concerned and the description of the service provided; in so far as the cross-border services are provided in a Member State of the European Economic Area, the the admissibility of these activities.

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§ 2 General documents

The supplementary indication in accordance with § 1 shall be accompanied by the following documents in the number of copies to which it has been given:

1.

a business plan setting out the type of business, the organisational structure and the internal control procedures, and an organisation chart which, in particular, makes it possible to identify the responsibilities of the directors;

2.

certified copies of the company contract or the articles of association, the decision on the appointment of the Executive Director and the Rules of Procedure for the management;

3.

in the case of already accounting institutions, the financial statements of the last three full financial years (the institution is active for less than three years, the missing documents shall be replaced by flat-rate balance sheets and flat-rate and flat-rate losses); the The annual accounts for 1997 shall be endorsed by an auditor, an accounting firm, a sworn accountant or a book audit firm;

4.

in the case of previously non-accounting institutions, the revenue surplus accounts of the last three full financial years (the institution is active for less than three years, the missing documents are due to plan balance sheets and plangewinn and plan loss accounts) ), as well as an opening balance sheet for the year 1998, provided by an auditor, an accounting firm, a sworn accountant or a book audit firm, with the opinion of the audit;

5.

the general terms and conditions used, as well as the patterns of customer contracts used and the promotional material used;

6.

Essential contracts with sales or other cooperation partners.

For the supplementary display, § 1 (1) sentences 2, 3 and 6 and § 8 sentence 2 no. 1 and 2 of the ad regulation apply accordingly. Unofficial table of contents

§ 3 Financial Commissions

Notifiers who operate the financial commission business (§ 1 para. 1 sentence 2 no. 4 KWG) have to submit in addition to the information and documents according to § § 1 and 2:

1.

an enumeration of the financial instruments traded in its own name and for foreign account within the meaning of Section 1 (11) of the KWG in accordance with the type and class; securitised financial instruments must be identified separately;

2.

a description of the customer groups referred to;

3.

a description of the manner in which the ownership of the financial instruments is transferred to the counterparty/customer and whether funds (cash or uncash) or securities of the customer are accepted.

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§ 4 Emissions business

Notifiers who operate the emissions business (§ 1 paragraph 1 sentence 2 No. 10 KWG) must submit in addition to the particulars and documents in accordance with § § 1 and 2:

1.

an enumeration of the financial instruments within the meaning of Article 1 (11) of the KWG by type and class, which are placed in its own name and for its own account, or for which the same guarantees are applied;

2.

a description of the placement procedures used, including the indication of the markets (exchange, Neuer Markt, Freiverkehr, OTC);

3.

a description of the manner in which the ownership of the financial instruments issued is transferred to the counterparty/customer and whether funds (cash or uncash) or securities of the customer are accepted.

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§ 5 Annex-or termination

Notifiable persons who carry out the placement or termination of the facility (§ 1 paragraph 1a sentence 2 no. 1 or 2 KWG) must submit in addition to the particulars and documents in accordance with § § 1 and 2:

1.

an enumeration of the financial instruments within the meaning of Section 1 (11) of the KWG by type and class, which are purchased or sold in the foreign name for foreign invoice, or whose acquisition or sale is mediated or in which transactions are shall be demonstrated;

2.

a description of the customer groups referred to;

3.

a description of the mediation process, in particular in which way the customers are advertised and whether in the course of the placement funds (cash or uncash) or financial instruments of the customer are accepted and how many intermediaries in the process are switched on;

4.

Name and seat of the account-leading institute.

In addition, investment or closing agents acting on their own account shall be required to provide the information required by Article 7 (1). Unofficial table of contents

§ 6 Financial portfolio management

Notifiers who offer the financial portfolio management (§ 1 paragraph 1a sentence 2 No. 3 KWG) must submit in addition to the particulars and documents in accordance with § § 1 and 2:

1.

an enumeration of the financial instruments within the meaning of Article 1 (11) of the KWG by type and class, which are purchased or sold within the framework of the administration; information as to whether customer funds are accepted in cash or in an unbar manner;

2.

a description of the customer groups referred to, in particular the indication of any minimum depository limits;

3.

an enumeration of the securities of the financial instruments managed;

4.

a description of the form of custody.

Financial portfolio companies acting on their own account shall also be required to provide the information required by Article 7 (1). Unofficial table of contents

§ 7 Proprietary trading

Notifiers who operate the proprietary trade (Section 1 (1a) sentence 2 no. 4 of the KWG) have to submit in addition to the particulars and documents in accordance with § § 1 and 2:

1.

an enumeration of the financial instruments within the meaning of Article 1 (11) of the KWG by type and class, which are purchased and sold by way of own-trade;

2.

a description of the customer groups referred to;

3.

a description of the manner in which the ownership of the financial instruments sold is transferred to the counterparty/customer and whether funds (cash or uncash) or securities of the customer are accepted.

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§ 8 Third-country deposit mediation

Notifiers who provide deposits in third countries (Section 1 (1a) sentence 2 no. 5 of the KWG) have to submit in addition to the particulars and documents in accordance with § § 1 and 2:

1.

a list of undertakings in third countries to which the deposits are communicated, with information as to whether those undertakings are subject to prudential supervision in their country of business, which authority is responsible for such supervision and whether, by whom and in the amount of deposits secured;

2.

a description of the exchange with information on the way in which the companies receive the deposits and come into possession of the money and whether the intermediary itself receives cash;

3.

an indication of the currency in which the deposit is provided.

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§ 9 Financial transfer business

Notifiers who operate the financial transfer business (§ 1 paragraph 1a sentence 2 no. 6 KWG) must submit in addition to the particulars and documents in accordance with § § 1 and 2:

1.

a list of undertakings for which agency activities are carried out or which are switched on in the context of the implementation of the financial transfer business, indicating their status (Deposit credit institution, financial institution, other undertakings) and their address;

2.

a description of the regular flow of the financial transfer together with its technical implementation, specifying the exact transfer route, separately from the recipient/client side; the way in which the clearing is carried out; in the case of physical transport cash-based liability cover and the control and security procedures used;

3.

a description of the clientele mentioned, indicating the proportion of permanent exploration in relation to occasional customers;

4.

a list of other business activities outside the financial transfer business, indicating the extent to which they are concerned.

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§ 10 Sortenhandel

Notifiers who operate the variety trade (§ 1 para. 1a sentence 2 no. 7 KWG) must submit in addition to the particulars and documents in accordance with § § 1 and 2:

1.

a description of the customer's circle, indicating the proportion of permanent exploration in relation to occasional customers;

2.

an enumeration of the undertakings which are involved in the implementation of the plant variety trade;

3.

a list of other business activities outside the plant variety trade, indicating the extent to which they are concerned.

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Section 11 Entry into force

This Regulation shall enter into force on 1 January 1998.