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Section 4h

Notification and service abroad

(1) BaFin may, by way of derogation from section 41 of the Administrative Procedure Act, give notice of administrative acts issued against a person domiciled, or an undertaking with its seat, outside the territorial scope of this Act, and for whom no authorised representative with a domestic seat has been named, by public notice in the Federal Gazette. In that case an administrative act is deemed notified on the day after the public notice.
(2) Where the administrative act must be served, BaFin may, by way of derogation from section 10 of the Administrative Service of Documents Act, effect service on persons domiciled, or undertakings with their seat, outside the territorial scope of this Act, for whom no authorised representative with a domestic seat has been named, by public notice in the Federal Gazette. Subsection (1), second sentence applies accordingly.
(3) Subsections (1) and (2) apply accordingly to a hearing under section 28 of the Administrative Procedure Act.

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