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Section 22

Accessible Documents and Data Transmission to the Transparency Register; Authorisation to Issue Statutory Instruments

(1) The following shall be accessible via the website of the Transparency Register in accordance with section 23: 1. entries in the Transparency Register on notifications under section 20(1), first sentence and under section 21, as well as real property under section 19a, 2. announcements of the existence of a holding under section 20(6) of the Stock Corporation Act, 3. voting-rights notifications under sections 40 and 41 of the Securities Trading Act, 4. lists of shareholders of limited liability companies and entrepreneurial companies under section 8(1), no. 3 and section 40 of the Act on Limited Liability Companies, and shareholder agreements under section 8(1), no. 1 in conjunction with section 2(1a), second sentence of the Act on Limited Liability Companies, insofar as these are deemed to be a list of shareholders under section 2(1a), fourth sentence of the Act on Limited Liability Companies, 5. entries in the Commercial Register, 6. entries in the Partnership Register, 7. entries in the Cooperative Register, 8. entries in the Register of Associations, and 9. entries in the Companies Register. Accessible, to the extent provided for by the special rules governing register law as to inspection, are only such documents and entries under the first sentence, nos. 2 to 9 as are electronically retrievable from the Commercial Register, Cooperative Register, Partnership Register, Company Register or Register of Associations.
(2) In order to enable access to the original data under subsection (1), first sentence, nos. 2 to 9 to be opened via the website of the Transparency Register, the data necessary for that purpose (index data) shall be transmitted to the Transparency Register. The operator of the Company Register shall transmit to the Transparency Register the index data on the original data under subsection (1), first sentence, nos. 2 and 3. The Land justice administrations shall transmit to the Transparency Register the index data on the original data under subsection (1), first sentence, nos. 4 to 8. The index data serve only to mediate access and may not be made accessible.
(3) The Federal Ministry of Finance is authorised, in consultation with the Federal Ministry of Justice and Consumer Protection, for the data transmission under subsection (2), third sentence, by statutory instrument requiring the consent of the Bundesrat, to regulate the technical details of data transmission between the authorities of the Länder and the Transparency Register, including specifications for the data formats to be used and for ensuring data protection and data security. Derogations from the procedural rules by Land law are excluded.
(4) The Federal Ministry of Finance is authorised, in consultation with the Federal Ministry of Justice and Consumer Protection, by statutory instrument not requiring the consent of the Bundesrat, to regulate registration procedures for the persons obliged to notify under sections 20 and 21, and the technical details of data transmission under subsection (2), second sentence and under sections 20 and 21, including specifications for the data formats and forms to be used and for ensuring data protection and data security.

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