responsibility finder
Schleswig-Holstein

Report newly appointed legal or statutory representatives and general partners in the course of a significant investment in an institution.

Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6PLus)

Service Description

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
  • reliability

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.

Process flow
  • 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.
Requirements

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.

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 make the notification before appointing a legal or statutory representative or a general partner as well as a general partner.

Processing duration

The processing of the advertisement usually takes between 1 and 6 weeks.

Legal basis
Appeal
  • Opposition
  • Objection
  • Detailed information on how to file an appeal can be found in the decision on your application.
  • Administrative court action

Applications / forms

- Forms: yes

- Online procedure possible: no

- Written form required: yes

- Personal appearance required: no

Author
Technically approved by

Federal Ministry of Finance

Process flow

  • 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.

Requirements

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.

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 make the notification before appointing a legal or statutory representative or a general partner as well as a general partner.

Processing duration

The processing of the advertisement usually takes between 1 and 6 weeks.

Legal basis

Appeal

  • Opposition
  • Objection
  • Detailed information on how to file an appeal can be found in the decision on your application.
  • Administrative court action

Applications / forms

- Forms: yes

- Online procedure possible: no

- Written form required: yes

- Personal appearance required: no

Author

Technically approved by

Federal Ministry of Finance

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