Bundesportal | Informing the Deutsche Bundesbank and BaFin about new, changed or terminated corporate holdings of banks and financial services institutions

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Publisher

Federal Ministry of Finance

Last update or date of publication

August 3, 2021

Contact

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Just like other companies, you as a bank or financial services institution can acquire and sell equity interests in companies. In this way, you obtain, for example, voting rights or the right to share in profits.
As soon as you, as a bank or financial services institution, acquire a significant shareholding in another company, you must inform the Deutsche Bundesbank.
A significant shareholding is deemed to exist if you hold 10 per cent of the capital or voting rights or can exercise a significant influence on the management of this company. Information on the calculation and assessment of a significant shareholding can be found on the BaFin website.
You must also report any changes to this significant shareholding. In this so-called active participation notification, you must state, among other things:

Reason for the notification: creation, change, termination
Type of company in which you hold shares
details of the percentage of your shareholding in the total nominal capital of the company (shareholding quota).

The Deutsche Bundesbank will then forward your notification of shareholding to the Bundesanstalt für Finanzdienstleistungsaufsicht (BaFin).

in the case of complex shareholding structures: fully completed form "Annex for complex shareholding structures

Forms: yes

Online procedure possible: yes

Written form required: no

Personal appearance required: no

Preconditions

You must report shareholdings in other companies if

Your credit institution or financial services institution Holdings in other companies
- acquires
- increased or decreased or
- terminates
the holding or holdings are "significant holdings" within the meaning of the German Banking Act, i.e. your institution holds
- directly or indirectly holds at least 10 percent of the capital or voting rights of an enterprise, or
- otherwise enables you to exercise significant influence over the management of that enterprise.

You must report changes in company shareholdings if

the institution's shareholding reaches, exceeds or falls below certain thresholds. These thresholds are staggered:
- 20 percent of the capital or voting rights of the company,
- 30 per cent of the capital or voting rights of the company, or
- 50 per cent of the capital or voting rights of the undertaking,
the entity in which the institution holds shares becomes or ceases to be a subsidiary,
the shares held in the undertaking are no longer or are no longer intended to be used for the institution's own business operations,
shares held directly are transferred, in whole or in part, to a subsidiary undertaking
in the case of shares held indirectly in whole or in part
- the number or identity of the intermediary undertakings is changed, or
- the shares are now wholly or partly held by the institution itself, or
- redistributed among the parties involved.

You do not have to pay anything for the participation notice.

Basis for legal action

§ 1 Anzeigenverordnung (AnzV)

§ 24 Absatz 1 Nummer 13 Kreditwesengesetz (KWG)

§ 7 Anzeigenverordnung (AnzV)

Legal Remedies

There is no provision for appeal.

Procedure

To inform the Deutsche Bundesbank about the status of your company holdings, you can use the Deutsche Bundesbank's e-business platform "ExtraNet". Alternatively, you can submit your participation notification in paper form, for example if you do not know the Bundesbank identification number of your company.

Submit your participation notification via the Bundesbank's "ExtraNet" platform:

Call up the Deutsche Bundesbank's "ExtraNet" platform on the Internet.
- You may still need to register and create a user account first.
- In order to be able to submit your participation notification in paperless form, you must first submit a one-off declaration on paperless submission (submission declaration) to the relevant Deutsche Bundesbank head office, in which you acknowledge the notifications submitted in paperless form as binding.
Navigate to the following forms:
- Form "Active participation notification
- in the case of complex equity holding structures, additionally: form "Annex for complex equity holding structures
Fill in the forms completely and truthfully. In doing so, take note of the Deutsche Bundesbank's information sheet on the electronic submission of notifications of shareholdings.
Upload all the required documents. Then submit your notification of participation electronically.
If your credit institution belongs to a cooperative auditing association or is audited by the auditing body of a savings bank and giro association and their notifications of participation are submitted electronically: In addition, submit 1 copy of each participation notification to the auditing association or federation.
The Deutsche Bundesbank will check your details and forward your participation notification to BaFin.
The European Central Bank, BaFin or the Deutsche Bundesbank may request further information from you, in particular on the acquisition price and the proceeds from the sale.

Submit notification of participation in paper form:

Go to the Bundesbank's website. Download the following documents there:
- Form "Active participation notification"
- in the case of complex participation structures: "Annex for complex participation structures" form
Fill out the forms completely and truthfully. You can complete the forms directly on your PC and then print them out.
Send the completed form together with all the required documents by post to the Deutsche Bundesbank's relevant head office.
The Deutsche Bundesbank will check your details and forward your investment notification to BaFin.
The European Central Bank, BaFin or the Deutsche Bundesbank may request further information from you, in particular regarding the acquisition price and the proceeds of the sale.

Deadlines

They must submit each individual notification without delay after the acquisition, increase, reduction or abandonment of the holding.

Processing time

The processing time varies or depends on the case.

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