(1) The body maintaining the Business Register is the body competent for replying to a request, which is filed by another Member State of the European Union or another Contracting Party to the Agreement on the European Economic Area via the central European platform defined in section 9b (1) sentence 2, and is governed by Article 13i of Directive (EU) 2017/1132, for information relevant for the disqualification of a person
1. as director of a limited liability company in accordance with section 6 (2) sentence 2 nos. 2 and 3 of the Act on Limited Liability Companies (Gesetz betreffend die Gesellschaften mit beschränkter Haftung – GmbHG), or
2. as member of the board of management of a stock corporation in accordance with section 76 (3) sentence 2 nos. 2 and 3 of the Stock Corporation Act (Aktiengesetz – AktG).
Upon enquiry by a court of registration, the competent body will file a request in accordance with Article 13i of Directive (EU) 2017/1132 with other Member States of the European Union or other Contracting Parties to the Agreement on the European Economic Area and will forward the replies received to the court of registration making the enquiry.
(2) For purposes of replying to a request, the competent body receives the information required for the reply from the Federal Central Criminal Register in accordance with section 57a (4) of the Act on the Central Criminal Register and the Educative Measures Register (Bundeszentralregistergesetz – BZRG) and from the Central Trade and Industry Register in accordance with section 150c (3) of the Trade Regulation Code (Gewerbeordnung – GewO).
(3) Requests are replied to and filed in accordance with the provisions of Commission Implementing Regulation (EU) 2020/2244 as well as according to an ordinance issued in accordance with subsection (6).
(4) The reply to a request is limited to the information set out in Article 13i (4) sentence 1 of Directive (EU) 2017/1132,
1. whether the relevant person is disqualified
a) in accordance with section 6 (2) sentence 2 nos. 2 and 3 of the Act on Limited Liability Companies, from serving as the director of a limited liability company, or
b) in accordance with section 76 (3) sentence 2 nos. 2 and 3 of the Stock Corporation Act, from serving as member of the board of management of a stock corporation or
2. whether corresponding information is contained in the Federal Central Criminal Register or in the Central Trade and Industry Register.
The body maintaining the Business Register will not forward any further-reaching information regarding a disqualification of the relevant person via the central European platform.
(5) The competent body may process the personal data of the relevant persons that have been transmitted by a requesting Member State, by a court of registration or in accordance with the provisions of subsection (2) for the purposes of replying to or filing a request. The personal data of the relevant persons are to be erased by the competent body immediately upon such data no longer being required, and to the extent they are no longer required, in order to reply to a request or to file a request.
(6) The competent body also may put in place the required provisions relating to the reply to a request and the filing of a request by means of a statutory instrument as defined in section 9a (3), including the provisions on
1. substance, time limit, form and scope of the replies to requests,
2. the technical details of receiving, processing and forwarding the required data for the purpose of replying to and filing requests,
3. the technical pre-requisites for storing, erasing, correcting and processing data relating to the relevant persons by the competent body,
4. reviewing the data received from the Federal Central Criminal Register or from the Central Trade and Industry Register with regard to the fulfilment of the prerequisites for disqualification in accordance with section 6 (2) sentence 2 nos. 2 and 3 of the Act on Limited Liability Companies or in accordance with section 76 (3) sentence 2 nos. 2 and 3 of the Stock Corporation Act,
5. the prerequisites, formal requirements, time limits and contents relating to the filing of requests.