Report newly appointed legal or statutory representatives and general partners in the course of a significant investment in an institution. Unfortunately this specification of service has not yet been completely translated.
If you, as the holder of a significant interest in an institution in Germany, appoint a new legal or statutory representative or a new shareholder, you must notify BaFin and the Deutsche Bundesbank immediately.
In order to ensure that the Federal Financial Supervisory Authority (BaFin) and the Deutsche Bundesbank are informed at an early stage of any significant change in the ownership structure of credit and other institutions in the financial sector, the supervisory authorities must
- about every newly appointed legal or statutory representative or general partner
- or any newly appointed legal or statutory representative or general partner without undue delay in writing.
As the owner of a significant shareholding in an institution in Germany, you must thereby state in your notification the
- the professional suitability and
of your legal representatives or personally liable partners for assessment.
This information ("material facts") enables BaFin and the Bundesbank to prevent investment fraud, money laundering and other forms of organised crime. In addition, the procedure serves to protect creditors by ensuring the solvency and viability of the institutions.
The supervisory authority may prohibit the holder of a significant participation from exercising voting rights and order that the shares may only be disposed of with its consent if the holder,
- if it is a partnership, also a shareholder or partner
- or a legal or statutory representative, or,
- or if it is a legal person, also a legal or statutory representative,
- is not reliable, or for other reasons does not meet the standards required in the interest of sound and prudent management of the institution.
- This may be the case if the person responsible lacks the requisite reliability
- or otherwise fails to meet the standards required for the sound and prudent management of the institution.
- Documents and declarations of reliability
- Certificates of good conduct
- Forms: yes
- Online procedure possible: no
- Written form required: yes
- Personal appearance required: no
Bundesanstalt für Finanzdienstleistungsaufsicht (BaFin)
Barrierefreie Kontaktstellen der Bundesanstalt für Finanzdienstleistungsaufsicht (BaFin)
As the holder of a significant interest in an institution in Germany, you intend to appoint a new legal or statutory representative or a new shareholder.
Section 2c (1) sentence 5 KWG
§ 2c Absatz 1 Satz 5 Gesetz über das Kreditwesen (Kreditwesengesetz - KWG)
Informationen zur Inhaberkontrolle auf der Internetseite der Bundesanstalt für Finanzdienstleistungsaufsicht
- You can file the complaint informally.
- Create an informal notification letter.
- The form IAZ according to the Annex to the InhKontrollV must be attached to the notification. To do this, go to the BaFin website and download the form.
- Fill out the form and sign it.
- Attach the other required documents.
- Send everything by post to BaFin.
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