Requests for information and production, examinations, searches, and seizures

(1) Capital management companies, externally managed investment companies, companies in the other legal forms permissible for investment funds under this Act, the holders of significant participations in them, respectively, and depositaries, as well as outsourcing undertakings, must provide the Federal Institute with information and produce documents, in accordance with section 44(1) and (9) and section 44b of the Banking Act.
(2) The obligations under subsection (1) also apply to the members of the governing bodies of, and to employees of, such a company or undertaking, and to their former members of governing bodies and former employees. The Federal Institute may, for the purposes of this Act, conduct examinations on the premises of the persons and undertakings obliged to provide information and produce documents under subsection (1). The officials of the Federal Institute may, for this purpose, enter and inspect these premises during usual business and operating hours. To prevent imminent dangers to public security, they are empowered to enter and inspect these premises even outside usual business and operating hours, and premises that also serve as a dwelling; the fundamental right to the inviolability of the home (Article 13(1) of the Basic Law) is restricted to this extent. The persons concerned must tolerate measures under the second to fourth sentences.
(3) The officials of the Federal Institute may search the premises of the undertakings obliged to provide information and produce documents under subsection (1), and of their governing body members, including after they have left office, where facts justify the assumption that the undertaking or the governing body member, contrary to a provision of this Act or an enforceable individual order made on the basis of this Act, is impairing, jeopardising, or delaying the clarification of facts relevant to a decision concerning supervision under this Act, by 1. failing to provide particulars, or providing them incorrectly, incompletely, or not in time, or 2. failing to produce documents, or producing them incorrectly, incompletely, or not in time. The searches must, except in the event of imminent danger, be ordered by the judge. In the event of imminent danger, the officer in charge of operations at the Federal Institute may make the order, insofar as more than an insignificant delay is not to be expected. Searches of premises serving as a dwelling must always be ordered by the judge. The fundamental right to the inviolability of the home (Article 13(1) of the Basic Law) is restricted to this extent. The local court in whose district the premises are located has jurisdiction. An appeal against the judicial decision is admissible; sections 306 to 310 and 311a of the Code of Criminal Procedure apply correspondingly. A record must be made of the search. It must state the responsible department, the reason, time, and place of the search and its result and, where no judicial order was made, also the facts that gave rise to the assumption of imminent danger. The persons concerned must tolerate measures under the first sentence.
(4) The officials of the Federal Institute may seize objects that may be of significance as evidence for establishing the facts. Where the objects are no longer required for the administrative procedure, they are returned to the last person who had custody of them. The persons concerned must tolerate measures under the first sentence.