Requirements for the articles and amendment of the articles; departure of a CRR credit institution from a recognised institutional protection scheme

(1) The articles of a recognised institutional protection scheme must regulate at least the following:
1. the levying of contributions in accordance with section 48;
2. conditions for carrying out measures under section 49;
3. examination, information and disclosure rights against the CRR credit institutions belonging to the recognised institutional protection scheme, corresponding to sections 34 and 35, and provisions on suitable measures by which those rights can be enforced;
4. the conditions and extent of the disclosure of the scheme's own and others' secrets, in particular trade and business secrets of the scheme and of the CRR credit institutions belonging to it, to BaFin, corresponding to the provisions for a deposit guarantee scheme under this Act or the Banking Act;
5. provisions authorising the recognised institutional protection scheme to take out credit;
6. provisions, in the case of revocation, for a transfer of assets under section 46(3) to another deposit guarantee scheme to be named by BaFin;
7. provisions on the exclusion of CRR credit institutions from the scheme corresponding to section 41, with the proviso that section 41(2) is to be implemented so that measures against the CRR credit institution are taken by the recognised institutional protection scheme with BaFin's consent.
(2) An amendment to the articles of a recognised institutional protection scheme takes effect only three months after the notification under section 45(1), unless BaFin sooner determines there are no objections.
(3) Where a recognised institutional protection scheme has excluded a CRR credit institution from the scheme in accordance with section 41(2), third sentence, with BaFin's consent, BaFin determines against the CRR credit institution that the CRR credit institution's membership of a deposit guarantee scheme under section 1, first sentence, no longer exists. The exclusion by the recognised institutional protection scheme takes effect once BaFin's determination under the first sentence is immediately enforceable or final.
(4) Where a CRR credit institution leaves a recognised institutional protection scheme, it is allocated to a statutory compensation scheme under section 24. Section 25(2) applies accordingly. The first and second sentences do not apply in the case of an exclusion under subsection (3).