Liquidity; power to issue a statutory instrument

(1) Institutions must invest their funds in such a way that adequate ability to make payments (liquidity) is ensured at all times. The Federal Ministry of Finance is empowered, by statutory instrument, in consultation with the Deutsche Bundesbank, to determine more detailed requirements for adequate liquidity, in particular concerning 1. the methods for assessing adequate liquidity and the technical principles necessary for that purpose, 2. the transactions to be taken into account as means of payment and payment obligations, including their assessment bases, and 3. the institutions' duty to transmit to the supervisory authority and the Deutsche Bundesbank the particulars necessary to demonstrate adequate liquidity, including provisions on the content, type, scope, and form of the particulars, on the frequency of their transmission, and on the permissible data media, transmission channels, and data formats. The statutory instrument must draw on the definition of savings deposits in section 21(4) of the Credit Institutions Accounting Regulation. The Federal Ministry of Finance may, by statutory instrument, transfer the power to the Federal Institute, on the condition that the statutory instrument is issued in agreement with the Deutsche Bundesbank. Before issuing the statutory instrument, the institutions' umbrella associations must be heard.
(2) In assessing liquidity in an individual case, the Federal Institute may order liquidity requirements for institutions that go beyond the requirements set out in the statutory instrument under subsection (1), where the sustainable liquidity of an institution is not otherwise ensured.
(3) In assessing liquidity in an individual case, the Federal Institute may order specific liquidity requirements for institutions, institutional groups, financial holding groups, and mixed financial holding groups that go beyond the requirements of Articles 411 to 428az of Regulation (EU) No 575/2013, as amended from time to time, in order to cover specific risks to which an institution is or could be exposed. In doing so, the Federal Institute has regard to the considerations set out in Article 105 of Directive 2013/36/EU, as amended from time to time. The Federal Institute may also restrict maturity transformation. Section 10a(1) and (2) applies correspondingly.
(4) The Federal Institute may order that an institution, an institutional group, a financial holding group, or a mixed financial holding group must submit more frequent or more extensive reports on its liquidity.