responsibility finder
Schleswig-Holstein

Newly appointed legal or statutory representatives as well as personally liable partners in the course of a significant participation in an institution report

Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6PLus)

Service Description

If you, as the owner of a significant shareholding 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.

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

  • of every newly appointed legal or statutory representative or general partner
  • or each newly appointed legal or statutory representative or general partner must be informed immediately in writing.

As the owner of a significant shareholding in an institution in Germany, you must include the following in your notification

  • the professional suitability and
  • reliability

of your legal representatives or personally liable partners for assessment purposes.

This information ("material facts") enables BaFin and the Bundesbank to prevent investment fraud, money laundering and other forms of organized crime. In addition, the procedure serves to protect creditors by ensuring the solvency and functionality of the institutions.

  • The supervisory authority may prohibit the holder of a significant shareholding from exercising voting rights and order that the shares may only be disposed of with the consent of the holder,
    • if it is a partnership, also a partner,
    • or a legal or statutory representative, or,
    • or if he or she is a legal entity, also a legal or statutory representative,
  • is not reliable, or for other reasons does not meet the requirements to be made in the interests of sound and prudent management of the institution.
  • This may be the case if the person responsible lacks the necessary reliability
  • or otherwise does not meet the requirements to be made in the interests of sound and prudent management of the institution.

Process flow
  • You can make the notification informally.
  • Create an informal letter of notification.
  • The IAZ form in accordance with the Annex to the InhKontrollV must be attached to the notification. To do this, go to the BaFin website and download the form.
  • Complete the form and sign it.
  • Attach the other required documents.
  • Send everything by post to BaFin.
Requirements

As the owner of a significant shareholding in an institution in Germany, you intend to appoint a new legal or statutory representative or a new shareholder.

Which documents are required?
  • Documents and declarations of reliability
  • Certificates of good conduct
What are the fees?

There are no costs for you.

What deadlines do I have to pay attention to?

You must submit the notification before appointing a legal or statutory representative or a personally liable partner as well as a personally liable shareholder.

Processing duration

It usually takes between 1 and 6 weeks to process the notification.

Legal basis
Appeal
  • Objection
  • Objection
  • Detailed information on how to lodge an objection can be found in the notification of your application.
  • Administrative court action
Applications / forms

- Forms: yes

- Online procedure possible: no

- Written form required: yes

- Personal appearance required: no

Author
Forwarding service: Deep link to the original portal

The text was automatically translated based on the German content.

Technically approved by

Federal Ministry of Finance

Professionally released on

01.07.2021

Teaser

If you, as the owner of a significant shareholding 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.

Process flow

  • You can make the notification informally.
  • Create an informal letter of notification.
  • The IAZ form in accordance with the Annex to the InhKontrollV must be attached to the notification. To do this, go to the BaFin website and download the form.
  • Complete the form and sign it.
  • Attach the other required documents.
  • Send everything by post to BaFin.

Requirements

As the owner of a significant shareholding in an institution in Germany, you intend to appoint a new legal or statutory representative or a new shareholder.

Which documents are required?

  • Documents and declarations of reliability
  • Certificates of good conduct

What are the fees?

There are no costs for you.

What deadlines do I have to pay attention to?

You must submit the notification before appointing a legal or statutory representative or a personally liable partner as well as a personally liable shareholder.

Processing duration

It usually takes between 1 and 6 weeks to process the notification.

Legal basis

Appeal

  • Objection
  • Objection
  • Detailed information on how to lodge an objection can be found in the notification of your application.
  • Administrative court action

Applications / forms

- Forms: yes

- Online procedure possible: no

- Written form required: yes

- Personal appearance required: no

Author

Forwarding service: Deep link to the original portal

The text was automatically translated based on the German content.

Technically approved by

Federal Ministry of Finance

Professionally released on

01.07.2021

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