(1) An institution must notify without delay: 1. the intention to appoint a manager or an appointed representative of a manager who is to perform the manager's function where the manager is prevented from acting, and the intention to authorise a person to represent the institution alone across its entire business, in each case stating the facts material to assessing reliability, professional qualifications, and sufficient time availability for performing the respective duties, and the result of the notifying institution's assessment of these criteria, and the completion, abandonment, or change of such an intention; where a manager of a large undertaking within the meaning of section 1(1c) is concerned, notification of the intention to appoint must be made no later than 30 working days before taking up the function; 2. the departure of a manager or an appointed representative of a manager who is to perform the manager's function where the manager is prevented from acting, and the withdrawal of the power to represent the institution alone across its entire business; 3. a change of legal form, insofar as a licence under section 32(1) is not already required, and a change of business name; 4. a loss amounting to 5 percent of Common Equity Tier 1 capital under Article 50 of Regulation (EU) No 575/2013 as amended on 17 June 2025; 5. the relocation of the establishment or the registered office; 6. the establishment, relocation, and closure of a branch in a third country, and the commencement and cessation of providing cross-border services without establishing a branch; 7. the cessation of business operations; 8. the intention of its statutory and constitutional bodies to bring about a decision on its dissolution; 9. the falling of the initial capital below the minimum requirements under section 33(1), first sentence, point 1; 10. the acquisition or relinquishment of a significant holding in the institution itself, the reaching, exceeding, or falling below the holding thresholds of 20 percent, 30 percent, and 50 percent of the voting rights or the capital, and the fact that the institution becomes, or ceases to be, a subsidiary undertaking of another undertaking, as soon as the institution becomes aware of the impending change in these holding relationships; 11. (repealed) 12. the establishment, change, or ending of a close link with another natural person or another undertaking; 13. the establishment, changes in the amount, or ending of a significant holding in other undertakings; 14. the proposal for passing a resolution under section 25a(5), sixth sentence, submitting that proposal; 14a. the resolution approving higher variable remuneration under section 25a(5), fifth sentence, including a statement of all approved maximum ratios exceeding the ratio under section 25a(5), second sentence, submitting an extract from the minutes of the meeting; 14b. the resolution amending a resolution approving higher variable remuneration under section 25a(5), fifth sentence, including a statement of all approved maximum ratios exceeding the ratio under section 25a(5), second sentence, submitting an extract from the minutes of the meeting; 15. the appointment of a member and deputy members of the administrative or supervisory body, stating the facts necessary to assess their reliability, expertise, and sufficient time availability for performing their duties; where the person named in the first half-sentence, or an already appointed member, is to perform the function of chair of the administrative or supervisory body in a large undertaking within the meaning of section 1(1c), this must be notified, stating the facts named in the first half-sentence, no later than 30 working days before taking up the function; section 25d(2), second and third sentences, applies correspondingly; 15a. the departure of a member and deputy members of the administrative or supervisory body; 15b. for large undertakings within the meaning of section 1(1c), the appointment of holders of special key functions, stating the facts necessary to assess reliability and professional qualifications for performing their duties; 16. for large undertakings within the meaning of section 1(1c), the removal of holders of special key functions, including any consent of the administrative or supervisory body required under section 25c(4a), point 3(i); 17. loans a) to limited partners, shareholders of a limited liability company, shareholders, shareholders in a partnership limited by shares, or members of an institution governed by public law, where they respectively own more than 25 percent of the capital (nominal capital, sum of capital contributions) of the institution or are respectively entitled to more than 25 percent of the voting rights in the institution, and the loan has been granted on non-market terms or without security customary in banking, and b) to persons who have provided capital, other than capital under point (a), under Article 26(1)(a) and Article 51(a) of Regulation (EU) No 575/2013 as amended on 17 June 2025, amounting to more than 25 percent of Tier 1 capital under Article 25 of Regulation (EU) No 575/2013 as amended on 17 June 2025, disregarding capital under Article 26(1)(a) and Article 51(a) of Regulation (EU) No 575/2013 as amended on 17 June 2025, where the loan has been granted on non-market terms or without security customary in banking; 18. (repealed) 19. the intention of a material outsourcing and its completion, and material changes and serious incidents in the course of existing material outsourcing arrangements that may have a material effect on the institution's business activities, and 20. the falling of the leverage ratio below the minimum own funds requirement under Article 92(1)(d) of Regulation (EU) No 575/2013 as amended on 17 June 2025, falling below the additional own funds requirements to safeguard against risks of excessive leverage under section 6c and under section 10(3) and (4), and falling below the leverage ratio buffer under Article 92(1a) of Regulation (EU) No 575/2013 as amended on 17 June 2025.
(1a) An institution must notify annually: 1. its close links with other natural persons or undertakings, 2. its significant holdings in other undertakings, 3. the name and address of the holder of a significant holding in the notifying institution and in the undertakings subordinate to it under section 10a with their registered office abroad, and the amount of these holdings, 4. the number of its domestic branches, 5. the information necessary for a comparison of remuneration trends and practices within the meaning of Article 75(1) of Directive 2013/36/EU as amended on 27 November 2024, insofar as the following are concerned: a) a CRR credit institution that is a significant institution within the meaning of section 1(3c), b) a parent undertaking of an institutional group, a financial holding group, or a mixed financial holding group to which a CRR credit institution significant within the meaning of section 1(3c) belongs, c) an institution or a parent undertaking of an institutional group, a financial holding group, or a mixed financial holding group for which the European Central Bank is the supervisory authority, or d) a CRR credit institution requested to do so by the supervisory authority or the Deutsche Bundesbank; the comparison also covers remuneration trends and practices relating to members of the administrative and supervisory body; 6. insofar as a CRR credit institution, or a parent undertaking of an institutional group, a financial holding group, or a mixed financial holding group to which a CRR credit institution belongs, is concerned, the information on managers, members of the administrative or supervisory body, and employees with a total annual remuneration of at least EUR 1 million each within the meaning of Article 75(3) of Directive 2013/36/EU as amended on 27 November 2024, necessary for aggregated publication by the European Banking Authority; this applies correspondingly for credit institutions under section 53(1) that conduct deposit business within the meaning of section 1(1), second sentence, point 1, and 7. insofar as an institution under section 53(1) is concerned that provides exclusively banking business or financial services that are investment services within the meaning of the Securities Institutions Act, and the services are provided to an extent that would make the institution a medium-sized securities institution under section 2(17) of the Securities Institutions Act, the information on managers, members of the administrative or supervisory body, and employees with a total annual remuneration of at least EUR 1 million each within the meaning of Article 34(4) of Directive (EU) 2019/2034 as amended on 27 November 2024, necessary for aggregated publication by the European Banking Authority; the requirements of the Securities Institutions Notification Regulation of 7 December 2023 (Federal Law Gazette 2023 I No. 349), concerning the notifications under section 66(3), point 2, of the Securities Institutions Act, apply correspondingly.
(1b) When notifying a loan under subsection (1), point 17, the institution must state the security provided and the loan terms. Where the institution has notified a loan under subsection (1), point 17, it must notify it again without delay to the supervisory authority and the Deutsche Bundesbank where the security provided or the loan terms are changed by legal transaction, stating the corresponding changes. The supervisory authority may require institutions to submit to it and to the Deutsche Bundesbank, every five years, a collective notification of the loans to be notified under subsection (1), point 17.
(1c) A CRR credit institution that has a resolution approving a higher maximum ratio for variable remuneration under section 25a(5), fifth sentence, must notify, every two years, the information necessary for the purposes of Article 94(1)(g), second subparagraph, fifth indent, of Directive 2013/36/EU as amended on 27 November 2024.
(1d) A CRR credit institution that is significant within the meaning of section 1(3c), for which the European Central Bank is the supervisory authority, or that has been requested to do so by the supervisory authority or the Deutsche Bundesbank, must notify, every three years, the information on the gender pay gap necessary for the purposes of Article 75(1) of Directive 2013/36/EU as amended on 27 November 2024.
(1e) A CRR credit institution that is significant within the meaning of section 1(3c), or that has been requested to do so by the supervisory authority or the Deutsche Bundesbank, must notify, every three years, the information necessary for a comparison of diversity within institutions under Article 91(9) in conjunction with Article 75(1) of Directive 2013/36/EU as amended on 27 November 2024.
(1f) A CRR credit institution must notify a planned material transfer of assets or liabilities without delay in advance, with every undertaking involved in the planned transfer being subject to the notification duty. The notification duty also applies where only undertakings of the same group are involved in the transfer. The supervisory authority confirms receipt of a notification under the first sentence promptly, and in every case within ten working days of receipt, in text form. A CRR credit institution must notify the supervisory authority and the Deutsche Bundesbank in advance of an intended direct or indirect disposal of a significant holding within the meaning of section 1(9b), stating its extent.
(2) Where an institution intends to merge with another institution within the meaning of this Act, a securities institution within the meaning of section 2(1) of the Securities Institutions Act, an e-money institution within the meaning of the Payment Services Supervision Act, a payment institution within the meaning of the Payment Services Supervision Act, or an institution within the meaning of section 2(4) of the Crypto Markets Supervision Act, it must notify this to the supervisory authority and the Deutsche Bundesbank without delay.
(2a) Undertakings must notify without delay, on becoming aware of them, new facts that materially affect the original assessment of the reliability, professional qualifications, expertise, or sufficient time availability of managers, members of administrative and supervisory bodies, and holders of special key functions of large undertakings who are to be notified under this provision. Managers and members of administrative and supervisory bodies must cooperate in this; in particular, the taking up and the ending of an activity as manager or as a member of the supervisory board or administrative board of another undertaking must be notified.
(3) A manager of an institution, a financial holding company, or a mixed financial holding company must notify without delay the acquisition and the relinquishment of a direct holding in an undertaking, and changes in the amount of the holding. A direct holding is deemed to exist where at least 25 percent of the shares in the capital of the undertaking are held.
(3a) A financial holding company or mixed financial holding company must notify without delay: 1. the intention to appoint a manager, stating the facts material to assessing reliability, professional qualifications, and sufficient time availability for performing the manager's duties, and the result of the notifying financial holding company's assessment of these criteria, and the completion of such an intention; where a manager of a large undertaking within the meaning of section 1(1c) is concerned, notification of the intention to appoint must be made no later than 30 working days before taking up the function; 2. the departure of a manager; 3. changes to the structure of the financial holding group such that the group will in future be active across sectors; 4. the appointment of a member and deputy members of the administrative or supervisory body, stating the facts necessary to assess their reliability, expertise, and sufficient time availability for performing their duties; where the person named in the first half-sentence is to perform the function of chair of the administrative or supervisory body in a large undertaking within the meaning of section 1(1c), this must be notified, stating the facts named in the first half-sentence, no later than 30 working days before taking up the function; section 25d(2), second and third sentences, applies correspondingly; 5. the departure of a member and deputy members of the administrative or supervisory body; 6. for large undertakings within the meaning of section 1(1c), the appointment of holders of special key functions, stating the facts necessary to assess reliability and professional qualifications for performing their duties; 7. for large undertakings within the meaning of section 1(1c), the removal of holders of special key functions; 8. a planned material transfer of assets or liabilities, in advance of the transfer, with every undertaking involved in the planned transfer being subject to the notification duty on an individual basis; the notification duty also applies where only undertakings of the same group are involved in the transfer; the supervisory authority confirms receipt of the notification promptly, and no later than within ten working days of receipt, in text form, and 9. an intended direct or indirect disposal of a significant holding within the meaning of section 1(9b), stating its extent. The undertaking that is the parent undertaking of a financial holding group or mixed financial holding group within the meaning of section 10a(2) must, further, notify the undertakings belonging to the group once a year in a collective notification. The supervisory authority transmits to the competent bodies of the other states of the European Economic Area, the European Banking Authority, and the European Commission a list of the collective notifications received under the second sentence. The establishment, the change, or the ending of such holdings or business relationships must be notified to the supervisory authority and the Deutsche Bundesbank without delay.
(3b) The Federal Institute and the Deutsche Bundesbank may impose additional notification and reporting duties on institutions, or on types or groups of institutions, in particular to obtain a deeper insight into the development of institutions' economic circumstances, their principles of proper management, and the abilities of members of the institution's governing bodies, insofar as this is necessary for the Federal Institute and the Deutsche Bundesbank to perform their tasks. Additional notification and reporting duties under the first sentence may be imposed only where the order is proportionate to the purpose for which the information is required and the information required is not already available. For institutions meeting the conditions of section 45(1), section 45a(1), section 45b(1), or section 46(1), first sentence, the Federal Institute may require notifications under subsection (1), point 1, and subsection (3a), point 1, to be submitted up to 30 working days before taking up the position.
(3c) The Federal Institute, the Deutsche Bundesbank, the European Central Bank, insofar as it is the supervisory authority, and the European Banking Authority, insofar as it is designated to do so under this Act or the statutory instrument under subsection (4), are entitled to receive and use the notifications governed by this provision. Insofar as no recipient is designated in the statutory instrument under subsection (4), notifications must be addressed to the supervisory authority and the Deutsche Bundesbank.
(3d) (repealed)
(3e) For notifications under subsection (1), points 1, 15, and 15b, and subsection (3a), first sentence, points 1, 4, and 6, the supervisory authority may also conduct interviews with the notified persons to assess reliability, professional qualifications, or expertise and sufficient time availability.
(3f) A CRR credit institution, or the parent undertaking of an institutional group, a financial holding group, or a mixed financial holding group to which a CRR credit institution belongs, must notify the Federal Institute without delay of the reaching, and the subsequent falling below, of a threshold under section 3(2), first sentence.
(4) The Federal Ministry of Finance may, in consultation with the Deutsche Bundesbank, issue a statutory instrument setting out further provisions on: 1. the recipient, 2. an entitlement of the European Banking Authority to use the information under subsection (3c), 3. the type, scope, timing, and form of the notifications and submissions of documents provided for under this Act, 4. a digital or exclusively digital submission, 5. additional information to be used and notified alongside the main information, such as specific legal entity identifiers and particulars as to their currency or validity, and 6. register information to be obtained, including the necessary duties of cooperation, and may supplement the existing notification duties with a duty to submit collective notifications and collective statements, in particular in order to obtain uniform documents for assessing the banking business and financial services conducted by institutions. The statutory instrument may also set out further provisions on the Federal Institute's maintenance of a public register, and on the possibilities of access to pages of that register and the allocation of responsibility for the correctness and currency of the pages. It may transfer this power by statutory instrument to the Federal Institute, on condition that statutory instruments of the Federal Institute are issued in agreement with the Deutsche Bundesbank. The institutions' umbrella associations must be heard before the statutory instrument is issued.