(1) An institution, a financial holding company, or a mixed financial holding company must, on acquiring a holding in an undertaking with its registered office abroad, or on establishing a business relationship with such an undertaking, whereby the undertaking becomes a subsidiary undertaking within the meaning of section 10a, ensure that it — or, in the case of a financial holding company or mixed financial holding company, the parent undertaking responsible for aggregation — receives the particulars necessary to fulfil the respective duties under sections 10a and 25a(1). The first sentence does not apply, as regards the particulars necessary to fulfil the duties under section 10a, where an institution cannot obtain the particulars necessary for the aggregation under section 10a for individual undertakings belonging to the group, and the risk arising from establishing the holding or business relationship is accounted for, in a manner comparable to the aggregation under section 10a(4) or (5), through the deduction of carrying amounts to be carried out under Article 36 in conjunction with Article 19(2)(a) of Regulation (EU) No 575/2013, as amended from time to time, and the Federal Institute is enabled to verify compliance with this condition. The institution, the financial holding company, or the mixed financial holding company must notify the establishment, the change, or the discontinuance of a holding or business relationship named in the first sentence to the Federal Institute and the Deutsche Bundesbank without delay.
(2) The Federal Institute may prohibit the continuation of the holding or the business relationship where the parent undertaking, or the institution within the meaning of Article 22 of Regulation (EU) No 575/2013, does not receive the particulars necessary to fulfil the duties under sections 10a, 13(3), and 25a(1), or under the statutory instruments under section 10(1), first sentence, or section 13(1), first sentence, and under Articles 11 to 17 of Regulation (EU) No 575/2013, as amended from time to time. The exception under subsection (1), second sentence, applies correspondingly to the power to prohibit under the first sentence.
(3) (repealed)
2.
Lending business