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Section 26

European System of Interconnection of Registers; Authorisation to Issue Statutory Instruments

(1) The data listed in section 22(1), first sentence, no. 1 shall, insofar as they relate to associations under section 20 and legal arrangements under section 21, be accessible via the central European platform established by Article 22(1) of Directive (EU) 2017/1132 of the European Parliament and of the Council of 14 June 2017 relating to certain aspects of company law. Section 23(1) to (3) applies correspondingly. To make data accessible via the central European platform, the register-keeping body shall transmit the data notified to the Transparency Register under section 20(1) and section 21, together with such data as are necessary under the implementing acts issued by the European Commission pursuant to Article 31a of Directive (EU) 2018/843, as well as the index data under section 22(2), to the central European platform under Article 22(1) of Directive (EU) 2017/1132 and Article 4a(1) of Directive 2009/101/EC of the European Parliament and of the Council of 16 September 2009 on coordination of safeguards which, for the protection of the interests of members and third parties, are required by Member States of companies within the meaning of the second paragraph of Article 48 of the Treaty, with a view to making such safeguards equivalent (OJ L 258, 1.10.2009, p. 11), as last amended by Directive 2013/24/EU (OJ L 158, 10.6.2013, p. 365), insofar as the transmission is necessary to open access to the original data via the search service on the website of the central European platform.
(2) The Transparency Register shall be interconnected with the registers of other Member States of the European Union within the meaning of Article 22(2) of Directive (EU) 2017/1132 via the central European platform established by Article 22(1) of Directive (EU) 2017/1132. Interconnection of the registers of the Member States via the platform shall take place in accordance with the technical specifications and procedures laid down by implementing acts issued by the European Commission pursuant to Article 24 of Directive (EU) 2017/1132 and Article 1, no. 17 of Directive (EU) 2018/843.
(3) Data under section 22(1), first sentence, insofar as they relate to associations under section 20 or legal arrangements under section 21, shall, after conclusion of the winding-up and, insofar as they are kept on a register basis, after deletion from the register of legal persons governed by private law, registered partnerships or legal arrangements, remain accessible for a further period of at least five and no more than ten years via the Transparency Register and via the central European platform established by Article 22(1) of Directive (EU) 2017/1132.
(4) The Federal Ministry of Finance is authorised, in consultation with the Federal Ministry of Justice and Consumer Protection, by statutory instrument requiring the consent of the Bundesrat, to make the necessary provisions on the details of the electronic data exchange and its handling under subsection (1), including specifications on data formats and payment arrangements, insofar as no provisions are contained in the implementing acts issued by the European Commission pursuant to Article 24 of Directive (EU) 2017/1132 and Article 31a of Directive (EU) 2018/843.

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