Measures in the case of inadequate own funds

Where the own funds of a capital management company do not satisfy the requirements of section 25, or, in the case of section 5(2), first sentence, of section 5(2), second or third sentence, of this Act in conjunction with section 17(1), point 2 or 3, of the Securities Institutions Act, the Federal Institute may make orders that are suitable and necessary to prevent infringements of section 25, or, in the case of section 5(2), first sentence, of section 5(2), second or third sentence, of this Act in conjunction with section 17(1), point 2 or 3, of the Securities Institutions Act. In particular, it may prohibit or restrict withdrawals by shareholders and the distribution of profits. Resolutions on the distribution of profits are void to the extent that they conflict with an order under the first sentence. Section 45(5), first sentence, of the Banking Act applies correspondingly.