(1) BaFin covers its costs, including the costs with which the Deutsche Bundesbank charges BaFin under section 15(2), from its own income in accordance with sections 15 and 16 and the Federal Fees Act and the Special Fees Ordinance of the Federal Ministry of Finance under section 22(4) of the Federal Fees Act, and from other own income, insofar as sections 17a to 17d do not provide otherwise. Administrative fines are disregarded.
(2) The Federation provides the liquidity assistance necessary to maintain proper cash management, as an interest-bearing loan in accordance with the Budget Act. The interest rate is fixed by agreement between the Federation and BaFin. The loan must be repaid as soon as possible, but at the latest by the end of the following financial year.
(3) Above-budget and off-budget expenditure or commitment authorisations of BaFin require the Ministry's consent; the Administrative Council must be informed without delay. Consent may be given only in the case of an unforeseen and unavoidable need. A need is in particular not to be regarded as unavoidable where, according to the circumstances of the individual case, a supplementary budget or a resolution of the Administrative Council under section 9(3) of BaFin's articles can be obtained in time, or the expenditure or commitment can be deferred until the next budget. A supplementary budget or a resolution under section 9(3) of BaFin's articles is not required where, in the individual case, an amount of EUR 10 million is not exceeded, or where legal obligations must be fulfilled.
Division Five
Fees and Levy, Coercive Measures