responsibility finder
Schleswig-Holstein

Financial investment intermediaries and financial investment advisors

Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6PLus)

Service Description

Anyone who independently brokers financial investments as a trader or advises on financial investments requires a permit in accordance with § 34f GewO.
In addition to the permit, the financial investment intermediary must be entered in the register of financial investment intermediaries. The granting of a permit with the entry in the register is carried out on request by the Chamber of Industry and Commerce.

Financial assets within the meaning of § 34f GewO are:

  • shares of an investment company or investment stock corporation or of foreign investment shares that may be publicly distributed within the scope of the Investment Act;
  • shares in closed-end funds in the form of a limited partnership;
  • other investments within the meaning of § 1 (2) of the Asset Investment Act (e.B. publicly offered shares in other closed-end funds in Germany, profit participation rights).
     

Who should I contact?

To the responsible Chamber of Industry and Commerce in Schleswig-Holstein.

Which documents are required?
  • Information from the Central Trade Register for submission to an authority (document type 9)
  • Police certificate of good conduct for submission to an authority (document type 0)
  • Certificate of the existence of a financial loss liability insurance (insurance confirmation)
  • Certificate of competence:
    • successfully passed IHK competence examination or
    • equivalent professional qualification according to § 4 FinVermV or
    • grandfathering "old hands regulation" (no factual reference required for intermediaries who have been continuously active as financial investment intermediaries since 1 January 2006; Proof by e.B. Submission of complete test reports according to § 16 Abs. 1 MaBV)
  • Certificate in tax matters from the tax office (in the original)
  • Clearance certificate from the tax office / the municipal treasury (in the original)
  • In addition, if the applicant is a legal entity: extract from the register of commercial, cooperatives or associations or, if the company is being incorporated, the articles of association

In addition, the IHK obtains information about entries in the debtor register and insolvency register at the district court.

What are the fees?
  • Permit: 240,00 €
  • Replacement of a permit: 40,00 €
  • Negative decision in the permit procedure: 120,00 €
  • Revocation/withdrawal of permission: 120,00 €
  • Permission procedure according to § 157 Abs. 2 GewO (transfer): 180,00 €
  • Inclusion in the register: 40,00 €
  • Change of register data outside the business advertisement: 25,00 €
  • Written information from the register: 15,00 €
What deadlines do I have to pay attention to?
  • For holders of the permit § 34c Abs. 1 Satz 1 Nr. 2 und 3 GewO (Finanzanlagen) old:
    Since its entry into force on 1 January 2013, the holders of § 34c sec. 1 sentence 1 no. 2 and 3 GewO (financial assets) permits have six months to apply for the new permit according to § 34f GewO and to register. Thereafter, the § 34c sec. 1 sentence 1 no. 2 and 3 GewO permit expires. This means that the new § 34f GewO permit must be granted by 30 June 2013.
    Attention: This does not apply to the permission as a real estate agent and / or loan agent.
    When applying for the new permit, there is no examination of the reliability and the orderly financial circumstances upon presentation of the previous certificate of permission. However, the applicant must provide proof of professional indemnity insurance. The IHKs grant permission and enter the data in a public register. Within 2 years of entry into force, i.e. by 1 January 2015, proof of competence must be provided to the competent licensing authority.
     
  • For a new application for permits § 34f GewO: none
Legal basis
  • §§ 34c, 34f, 157 Abs. 3 Gewerbeordnung (GewO)
  • Ordinance on Financial Investment Brokerage (Financial Investment Brokerage Ordinance - FinVermV)
  • Act on the Amendment of Financial Investment Intermediaries and Investment Law (Amendment VermAnlG)
  • Fee rate of the Kiel Chamber of Industry and Commerce of 9 December 2009 with the amendments of 3 December 2012 (Publication of the Federal Gazette on 21 January 2013, No.: 130112036851)
Applications / forms

Application forms can be found on the IHK website.

What else should I know?

Further information can be found on the website of the IHK Schleswig-Holstein.

Author

The text was automatically translated based on the German content.

Who should I contact?

To the responsible Chamber of Industry and Commerce in Schleswig-Holstein.

Which documents are required?

  • Information from the Central Trade Register for submission to an authority (document type 9)
  • Police certificate of good conduct for submission to an authority (document type 0)
  • Certificate of the existence of a financial loss liability insurance (insurance confirmation)
  • Certificate of competence:
    • successfully passed IHK competence examination or
    • equivalent professional qualification according to § 4 FinVermV or
    • grandfathering "old hands regulation" (no factual reference required for intermediaries who have been continuously active as financial investment intermediaries since 1 January 2006; Proof by e.B. Submission of complete test reports according to § 16 Abs. 1 MaBV)
  • Certificate in tax matters from the tax office (in the original)
  • Clearance certificate from the tax office / the municipal treasury (in the original)
  • In addition, if the applicant is a legal entity: extract from the register of commercial, cooperatives or associations or, if the company is being incorporated, the articles of association

In addition, the IHK obtains information about entries in the debtor register and insolvency register at the district court.

What are the fees?

  • Permit: 240,00 €
  • Replacement of a permit: 40,00 €
  • Negative decision in the permit procedure: 120,00 €
  • Revocation/withdrawal of permission: 120,00 €
  • Permission procedure according to § 157 Abs. 2 GewO (transfer): 180,00 €
  • Inclusion in the register: 40,00 €
  • Change of register data outside the business advertisement: 25,00 €
  • Written information from the register: 15,00 €

What deadlines do I have to pay attention to?

  • For holders of the permit § 34c Abs. 1 Satz 1 Nr. 2 und 3 GewO (Finanzanlagen) old:
    Since its entry into force on 1 January 2013, the holders of § 34c sec. 1 sentence 1 no. 2 and 3 GewO (financial assets) permits have six months to apply for the new permit according to § 34f GewO and to register. Thereafter, the § 34c sec. 1 sentence 1 no. 2 and 3 GewO permit expires. This means that the new § 34f GewO permit must be granted by 30 June 2013.
    Attention: This does not apply to the permission as a real estate agent and / or loan agent.
    When applying for the new permit, there is no examination of the reliability and the orderly financial circumstances upon presentation of the previous certificate of permission. However, the applicant must provide proof of professional indemnity insurance. The IHKs grant permission and enter the data in a public register. Within 2 years of entry into force, i.e. by 1 January 2015, proof of competence must be provided to the competent licensing authority.
     
  • For a new application for permits § 34f GewO: none

Legal basis

  • §§ 34c, 34f, 157 Abs. 3 Gewerbeordnung (GewO)
  • Ordinance on Financial Investment Brokerage (Financial Investment Brokerage Ordinance - FinVermV)
  • Act on the Amendment of Financial Investment Intermediaries and Investment Law (Amendment VermAnlG)
  • Fee rate of the Kiel Chamber of Industry and Commerce of 9 December 2009 with the amendments of 3 December 2012 (Publication of the Federal Gazette on 21 January 2013, No.: 130112036851)

Applications / forms

Application forms can be found on the IHK website.

What else should I know?

Further information can be found on the website of the IHK Schleswig-Holstein.

Author

The text was automatically translated based on the German content.

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