Reports Regulation (Anzeigenverordnung – AnzV) and Holder Control Regulation (Inhaberkontrollverordnung – InhKontrollV)
Institutions, financial holding companies and mixed financial holding companies within the meaning of the Banking Act (Kreditwesengesetz – KWG), their members of the management and supervisory boards as well as anyone intending to acquire a significant holding in an institution are required pursuant to Sections 2c, 12a, 24, 26, 31, 32 and 53a KWG to submit various reports and documents without undue delay or annually. Details of this are based on the provisions set out in the Regulation on Notifications in Accordance with Section 2c of the German Banking Act and Section 17 of the German Insurance Supervision Act (Versicherungsaufsichtsgesetz – VAG) (Holder Control Regulation (Inhaberkontrollverordnung – InhKontrollV)) and the Regulation Concerning Reports and the Submission of Documentation under the Banking Act (Reports Regulation) (Anzeigenverordnung – AnzV). These also specify what templates to use for this purpose.
Submission requirements cover the following topics, amongst others:
- granting authorisation to conduct banking business;
- appointment and dismissal, as well as secondary activities and acquisition and disposal of direct holdings in undertakings of management board members
- appointment and exit as well as other activities of members of supervisory and administrative boards;
- acquisition, modification or disposal of institutions’ holdings in other undertakings;
- intention to merge;
- information on branches in a third country and on cross-border services provided without establishment of a branch;
- reports on activities of institutions in third countries or in the context of cross-border services;
- submission of annual accounts, management report and audit report;
- intention to perform and performance of material outsourced activities;
- acquisition and disposal of or reduction in a significant holding in an institution.
Section 2 AnzV also stipulates that certain undertakings, including credit institutions, financial holding companies and mixed financial holding companies, are required to apply for a legal entity identifier. This measure is used for the purpose of unique identification in the reporting system. The assigned legal entity identifier must be communicated to the Bundesbank without undue delay.
Reports and documents must be submitted electronically at the request of BaFin or the Bundesbank. The precise technical requirements will be communicated by the authorities.
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