(1) The levy claim accrues on expiry of the levy year for which the levy obligation exists.
(2) After the Administrative Council has adopted the annual account of income and expenditure for the respective levy year, BaFin must ascertain, for each person liable to the levy, the levy amount to be paid by that person.
(3) BaFin must assess the levy amount ascertained under subsection (2) for the first time within one year. The levy amount is to be rounded commercially to full euros. A prior hearing of persons liable to the levy is not required.
(4) Persons liable to the levy under sections 16e to 16l are obliged to transmit to BaFin, electronically, the information, documents, communications, notifications and applications necessary for the purposes of assessing and levying the levy, unless BaFin determines another manner of transmission. They are obliged, for that purpose, to use the electronic communication procedure provided by BaFin and to set up electronic access for it. This also applies to administrative acts notified electronically under section 4f or served electronically under section 4g.
(5) The Federal Ministry of Finance may, by statutory instrument not requiring the consent of the Bundesrat, issue detailed provisions on the content, extent and form of the information and documents to be transmitted, and on access to and use of the electronic communication procedure, as well as on data formats for information and documents under subsection (4). The Federal Ministry of Finance may transfer the authorisation, by statutory instrument, to BaFin.
(6) The levy claim falls due on notification of its assessment to the levy-liable person, unless BaFin determines a later date in the individual case.
(7) BaFin may permit an association to pay the levy amounts of its member levy-liable persons for them in one sum, where the association has committed to this in writing or electronically to BaFin. In that case, the assessments against the association's member levy-liable persons are notified to them through the association, insofar as the levy-liable persons have consented to this or the association has declared itself authorised to receive the assessments. A separate notification of the assessment to the individual member levy-liable person is then not required.
(8) BaFin may order that an authorisation for direct debit of the levy amount from an account of the levy-liable person or of a third party at a credit institution be given. Where an obligation under the first sentence exists, the levy-liable person concerned must, using an electronic communication procedure provided by BaFin, transmit the data for giving the SEPA direct debit mandate for the direct debit of the levy amount in the form specified by BaFin, and update it in the event of changes.
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Section 16m
Accrual of the levy claim; assessment of the levy amount and due date; obligation to communicate electronically; authorisation to issue statutory instruments
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