Exceptions

Sections 39 and 40 do not apply to undertakings that use the words "Bank", "Bankier", or "Sparkasse" in a context that excludes the impression that they conduct banking business. Credit institutions with their registered office abroad may, in their activity domestically, use the designations named in section 39(2) and section 40 in the business name, as an addition to the business name, to describe the business purpose, or for advertising purposes, where they are entitled to use this designation in the state of their registered office, and they supplement the designation with an addition indicating the state of their registered office.