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National legal basis

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The legal basis for supervision in Germany is primarily found in the German Banking Act (Kreditwesengesetz).

Other rules and regulations governing supervision in Germany are chiefly contained in the savings bank laws issued by the state governments, in the Safe Custody Act (Depotgesetz) or in the Building and Loan Associations Act (Bausparkassengesetz) and in relevant regulations, such as the Reports Regulation (Anzeigeverordnung), the Holder Control Regulation (Inhaberkontrollverordnung) or the Regulation Governing Large Exposures and Loans of €1 Million or More (Großkredit- und Millionenkreditverordnung).

Bundesbank Guidance Notice

Anyone wishing to provide financial services in Germany commercially or on a scale which requires commercially organised business operations needs authorisation pursuant to the Banking Act.

BaFin Guidance Notices

These provide an explanation of the specialist and personal requirements that have to be met by members of governing bodies pursuant to the supervisory laws specified. They include forms for the required reports and checklists for the documents to be submitted.