(1) Applications to BaFin may also be made wholly or partly in English. BaFin may at any time, where needed, require the submission of a translation, or, in justified cases, a certified translation or one produced by a publicly appointed or sworn interpreter or translator. Section 23(2), third and fourth sentences of the Administrative Procedure Act remains unaffected. Where BaFin requires a translation, only the German-language version of the application is legally authoritative.
(2) Where an electronically submitted application in English is intended to set a time limit running within which BaFin must act in a particular way, the time limit begins to run on receipt of the application in English. The running of the time limit is suspended as soon as BaFin requires a translation, or, in justified cases, a certified translation or one produced by a publicly appointed or sworn interpreter or translator. The suspension ends once a translation satisfying those requirements is available. Section 209 of the German Civil Code applies accordingly. Section 4h applies accordingly to the transmission of the request for translation under the second sentence.
(3) An electronically submitted application in English, intended to preserve a time limit vis-à-vis the authority for the benefit of a party, is, by way of derogation from section 23(4), first sentence of the Administrative Procedure Act, deemed submitted at the time of receipt by BaFin. Where BaFin requires, without delay after receipt of the application, that a translation, or, in justified cases, a certified translation or one produced by a publicly appointed or sworn interpreter or translator, be submitted within a reasonable period set by it, the effect of the first sentence occurs only where the translation is received in time. This legal consequence must be pointed out when the time limit is set. Section 4h applies accordingly to the transmission of the request for translation under the second sentence.
(4) BaFin's statutory instruments, forms and administrative provisions that are addressed to the general public and may also be relevant to foreign market participants should be made accessible by BaFin in English as well, within six months after publication. Only the German-language version remains legally authoritative.
(5) Special statutory provisions remain unaffected.
Division Two
Organisation