Regulation Concerning The Supplementary Notification Of Financial Services Institutions And Investment Bank According To The Law On Banking

Original Language Title: Verordnung über die Ergänzungsanzeige von Finanzdienstleistungsinstituten und Wertpapierhandelsbanken nach dem Gesetz über das Kreditwesen

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

Non-official Table of Contents

ErgAnzV

Date of Departure: 29.12.1997

Full Quote:

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

Footnote

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

input formula

On the basis of section 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 the Federal Republic of Germany of the Federal Republic of Germany (Bundessupervisory Office) for the credit system of 19 June 2009. December 1997 (BGBl. 3156), the Federal Supervisory Office for the credit sector, in agreement with the Deutsche Bundesbank, after hearing the leading associations of the institutes: Non-official table of contents

§ 1 General Information

Supplementary indications according to § 64e paragraph 2 sentence 4 of the Law on Credit Esen (KWG) are the Federal Supervisory Office for the Credit (Federal Supervisory Office) in writing in two copies and the head office of the competent national central bank in triplicate. You must include the following information:
1.
Company, legal form, seat, specifying the postal address, if appropriate, association to which the institution belongs and the business purpose of the institute;
2.
the description of the stores to be continued;
3.
the business leaders, stating their home address and the composition of the other statutory bodies of the institute;
4.
the major holdings held at the institute (§ 1 paragraph 9 KWG), stating the holders, the amount and the structure of these participations;
5.
the direct participations held by the Institute within the meaning of Section 24 (1) No. 3 of the KWG using the form of Appendix 4 to the ad ordinance;
6.
the close connections within the meaning of § 1 para. 10 KWG using the form of Appendix 6 to the ad ordinance;
7.
the domestic branch offices, specifying the postal address;
8.
the branches abroad under Indication of the postal address and with the addition of a copy of the authorisation issued by the competent supervisory authority of the host country;
9.
the cross-border Services provided by the States concerned and the description of the service provided, in so far as cross-border services are provided in a Member State of the European Economic Area, is the admissibility of those activities
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§ 2 General documents

The supplementary information according to § 1 shall be given in the corresponding number of Add the following documents:
1.
a business plan, from which the nature of the business, the organizational structure and internal control procedures, and an organizational chart that shows in particular the responsibilities of business managers;
2.
certified copies of the Social Contract or the Articles of Association, the decision to appoint the directors and the Rules of Procedure for the Management;
3.
at institutions already accounting for the financial statements of the last three full financial years (the institution is less than three years of activity) the missing documents to be replaced by flat-balance sheets and flat-rate and flat-loss accounts); the annual accounts for 1997 shall be endorsed by an auditor, an accounting firm, and an auditor,
4.
in the case of non-accounting institutions, the revenue surplus accounts of the last three institutions the full financial years (the institution is less than three years old, the missing documents are to be replaced by plan balance sheets and flat-rate and flat-rate losses) and one by a chartered accountant, an accounting firm, a sworn accountant or an accounting firm with a confirmation of the opening balance for 1998;
5.
the general Terms and conditions as well as samples of the customer contracts used and of the promotional material;
6.
essential contracts with sales or other sales or other Cooperation partners.
For the supplementary display, § 1 para. 1 sentence 2, 3 and 6 and § 8 sentence 2 no. 1 and 2 of the ad regulation apply accordingly. Non-official table of contents

§ 3 Financial Commissions business

Taxable persons who are responsible for the financial commission business (§ 1 para. 1 sentence 2 no. 4 KWG) , have to be submitted in addition to the particulars and documents in accordance with § § 1 and 2:
1.
Enumeration of the financial instruments traded in its own name and for foreign account within the meaning of Section 1 (11) of the KWG by type and class; securitised financial instruments shall be marked separately;
2.
a description of the customer circles addressed;
3.
a description of how the property is owned the financial instruments are transferred to the counterparty/customer, and whether funds (cash or uncash) or securities of the customer are received.
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§ 4 emissions business

Taxable persons who operate the emissions business (§ 1 para. 1 sentence 2 no. 10 KWG), have in addition to the information and documents after § § 1 and 2:
1.
A list of financial instruments within the meaning of Section 1 (11) of the KWG Type and type, placed in its own name and for its own account, or for which similar guarantees are applied;
2.
a description of the applied Placement procedures, including the indication of the markets (Exchange, Neuer Markt, Freiverkehr, OTC);
3.
a description of the manner in which ownership of the emitted Financial instruments are transferred to the counterparty/customer and whether funds (cash or uncash) or securities of the customer are received.
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§ 5 Annex-or terminating agency

Taxable persons who operate the facility or the final mediation (§ 1 (1a) sentence 2 no. 1 or 2 KWG) shall have in addition to the particulars and documents in accordance with § § 1 and 2 submit:
1.
A list of the financial instruments within the meaning of Section 1 (11) of the KWG by type and Genus, which is purchased or sold in the foreign name for foreign invoice, or whose acquisition or disposal is communicated or in which transactions are detected;
2.
a description of the customer circles addressed;
3.
a description of the mediation flow, in particular the way in which the customer is recruited and whether, in the course of the mediation, funds (cash or uncash) or financial instruments of the customer are accepted and how many intermediaries are involved in the flow;
4.
The name and seat of the contoleading institute.
Installation or closing agents acting on their own account also have the information required in § 7 No. 1. Non-official table of contents

§ 6 Financial portfolio management

Display subject to the financial portfolio management (Section 1 (1a), second sentence, No. 3 of the KWG) to submit, in addition to the particulars and documents, in accordance with § § 1 and 2:
1.
Enumeration of the financial instruments within the meaning of Section 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 can be accepted in cash or unbar;
2.
a description of the customer circles referred to, in particular the specification of any minimum depository limits;
3.
a list of Managed Financial Instruments Vertahrer;
4.
a description of the shape of the Safekeeping.
Financial portfolio companies acting on their own account shall also have the information required in § 7 No. 1. Non-official table of contents

§ 7 Proprietary trading

Taxable persons who operate the own trade (Section 1 (1a) sentence 2 no. 4 of the KWG) shall have in addition to the Submit information and documents in accordance with § § 1 and 2:
1.
a list of the financial instruments in the The terms of Section 1 (11) of the KWG by type and class, which are purchased and sold by way of own trade;
2.
a description of the above mentioned Customer circles;
3.
a description of how the ownership of the financial instruments sold is transferred to the counterparty/customer and whether funds are available (cash or Unbar) or securities of the customer.
Unofficial table of contents

§ 8 Third-country deposit placement service

Notifiable persons who provide deposits in third countries (Section 1 (1a) sentence 2 no. 5 of the KWG) have to submit additional information and documents in accordance with § § 1 and 2:
1.
a list of companies in third countries to which the deposits are mediated with information on whether or not these companies are subject to prudential supervision in their country of business, which authority is responsible for such supervision, and whether, by whom and at what level, deposits are secured;
2.
a description of the mediation path with information on how the companies receive the deposits and come into possession of the money and whether the intermediary themselves cash
3.
The name of the currency in which the deposit is provided.
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§ 9 financial transfer business

Taxable persons who operate the financial transfer business (§ 1 para. 1a sentence 2 no. 6 KWG) have in addition to the information and Submit documents in accordance with § § 1 and 2:
1.
a list of the companies for which shall be carried out in the course of the implementation of the financial transfer transaction, indicating its status (Deposit credit institution, financial institution, other undertaking) and its status; Address;
2.
a description of the regular flow of the financial transfer together with its technical implementation, specifying the exact transfer path, separated by the recipient/client side; the way in which the clearing is carried out; in the case of physical transport of cash, the asset ' s liability cover and the control and security procedures used;
3.
a description of the clientele mentioned, stating the proportion of durations in relation to occasional customers;
4.
a list of other business activities outside of the financial transfer business, specifying their respective scope.
A non-official table of contents

§ 10 Plant Variety Trading

Display persons who operate the plant variety trade (§ 1 para. 1a sentence 2 no. 7 KWG) have in addition to the information and documents according to § § 1 and to submit 2:
1.
a description of the customer's circle stating the percentage of the durations in the ratio to occasional customers;
2.
a list of companies that are turned on as part of the execution of the plant variety trading;
3.
a list of other business activities outside of the assortment trade, specifying their respective scope.
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§ 11 Entry into force

This regulation will take place on the 1. January 1998.