Legal status of the members of the Executive Board; authorisation to issue statutory instruments

(1) The members of the Executive Board stand in a public-law official relationship with the Federation. They must possess particular professional suitability and are appointed by the Federal President on the proposal of the Federal Government. The Federal Government's proposal is made on the basis of objective selection criteria published by the Federal Ministry of Finance. Members of the Executive Board are as a rule appointed for five years. Reappointment is permitted. No member of the Executive Board may remain in office for longer than 14 years. The maximum total term of office is 14 years.
(2) The official relationship of the members of the Executive Board begins with the handing over of the certificate of appointment, unless a later date is specified in the certificate. It ends on expiry of the term of office or on dismissal. The Federal President dismisses a member of the Executive Board at that member's request, or on a resolution of the Federal Government for good cause. The member of the Executive Board must be given an opportunity to comment before the Federal Government's resolution is adopted. On the ending of the official relationship, the member of the Executive Board receives a certificate executed by the Federal President. Dismissal at the member's own request takes effect on the handing over of the certificate, unless it expressly specifies a later date. Dismissal for good cause takes effect on execution of the Federal Government's resolution, unless it expressly resolves a later date. The Federal Ministry of Finance publishes the grounds for a dismissal, unless the member of the Executive Board concerned objects to publication.
(3) The members of the Executive Board take the following oath before the Federal Minister of Finance: "I swear to uphold the Basic Law for the Federal Republic of Germany and all statutes in force in the Federal Republic of Germany, and to conscientiously fulfil my official duties, so help me God." The oath may also be taken without religious affirmation.
(4) The members of the Executive Board may not, without the consent of the Federal Ministry of Finance, hold any other salaried office, carry on any trade or profession, or belong to the management of a for-profit undertaking or to a supervisory board, administrative council, advisory board or other body of a public or private undertaking, or to a government or a legislative body of the Federation or of a Land, alongside their office. They may not, without the consent of the Federal Ministry of Finance, prepare extrajudicial expert opinions for remuneration. The Federal Ministry of Finance's consent must be refused under the conditions named in section 99(2) of the Federal Civil Service Act.
(5) Sections 67 to 69 and 71 of the Federal Civil Service Act apply accordingly. The Federal Ministry of Finance takes the place of the supreme service authority.
(5a) The provisions of section 11a apply accordingly to the members of the Executive Board. The Federal Ministry of Finance may, by statutory instrument not requiring the consent of the Bundesrat, issue detailed and supplementary provisions on this concerning the official relationships of the Executive Board members, insofar as recognised compliance standards and the particular features of the Executive Board members' public-law official relationship so require. The statutory instrument under the second sentence may in particular determine 1. which provisions on private transactions in financial instruments within the meaning of Article 2(1), first subparagraph of Regulation (EU) No 596/2014, as amended on 23 October 2024, and in crypto-assets within the meaning of Article 3(1), point 5 of Regulation (EU) 2023/1114, as amended on 13 December 2023, the members of the Executive Board are subject to; this may in particular provide for disclosure obligations, provisions on declarations of interest, trading bans, control procedures and sale obligations that correspond at least to the standard of the provisions applicable to BaFin's staff; 2. which provisions the members of the Executive Board are subject to where they intend, within the first 24 months after leaving office, to take up employment or other occupation outside the public service, including self-employed activity; this may in particular provide both for disclosure obligations towards the Ministry and graduated prohibitions in cases where public interests are impaired or seriously impaired; a compensation of at least half the monthly remuneration for the activity as an Executive Board member must be provided for a prohibition.
(6) In other respects the legal relationships of the members of the Executive Board are regulated by contracts that the Federal Ministry of Finance concludes with them. The contracts require the Federal Government's consent.
(7) Where a federal civil servant is appointed a member of the Executive Board, that person leaves their previous office on commencement of the official relationship. For the duration of the official relationship, the rights and duties arising from the civil-service relationship are suspended. This does not apply to the duty of official secrecy and the prohibition on accepting rewards or gifts. The second sentence applies at the latest until retirement or transfer into retirement.
(8) Where the official relationship under subsection (1), first sentence ends and the person concerned is not subsequently appointed to another public-law official relationship with the Federation, civil servants, unless another office is conferred on them within three months under the conditions of section 28(2) of the Federal Civil Service Act or comparable Land provisions, enter provisional retirement from their civil-service relationship on expiry of that period, provided they have not yet reached the statutory age limit at that time. In other respects the provisions of the Federal Civil Service Act on provisional retirement apply. They receive a pension that they would have earned in their former office, adding the time of the official relationship under subsection (1), first sentence. The time of the official relationship under subsection (1), first sentence is also pensionable where another office in a civil-service relationship with the Federation is conferred on the civil servant under the first sentence. Section 107b of the Civil Servants' Pension Act applies accordingly to the civil-servant members of the Executive Board. A contractual pension arrangement under subsection (6) remains unaffected. The suspension and set-off provisions of the Civil Servants' Pension Act apply mutatis mutandis.
(9) Subsections (7) and (8) apply accordingly to judges and to career soldiers.