Information and inspections concerning holders of significant holdings

(1) The duties under section 44(1), first sentence, towards the Federal Institute and the Deutsche Bundesbank to provide information and submit documents also apply to
1. persons and undertakings that give notice of an intention to acquire a holding under section 2c, or that are named as holders of significant holdings in a licence application under section 32(1), fifth sentence, point 6, or in a supplementary notice under section 64e(2), fourth sentence,
2. the holders of a significant holding in an institution and the undertakings controlled by them,
3. persons and undertakings for whom facts justify the assumption that they are persons or undertakings within the meaning of point 2, and
4. persons and undertakings connected, under section 15 of the Stock Corporation Act, with a person or undertaking within the meaning of points 1 to 3. At the Federal Institute's request, the person obliged to submit documents must, at their own expense, have the documents to be submitted under section 2c(1), second sentence, audited by an auditor to be designated by the Federal Institute. The duties under section 44(1), first sentence, towards the Federal Institute and the Deutsche Bundesbank to provide information and submit documents also exist for the employees of the persons or undertakings obliged to provide information and submit documents under the first sentence, and for members of a governing body, in each case also after they leave the governing body or undertaking.
(2) The Federal Institute and the Deutsche Bundesbank may take measures under section 44(1), third to fifth sentences, against the persons and undertakings named in subsection (1), where there are indications of a ground for prohibition under section 2c(1b), first sentence, points 1 to 6. The persons affected must tolerate these measures.
(3) A person obliged to provide information under subsection (1) or (2) may refuse to answer questions whose answering would expose that person, or a relative designated in section 383(1), points 1 to 3, of the Code of Civil Procedure, to the risk of criminal prosecution or of proceedings under the Act on Regulatory Offences.
(4) The staff of the Federal Institute and of the Deutsche Bundesbank may search the premises of the undertakings obliged to provide information and submit documents under subsection (1), and of members of their governing bodies, even after they have left. Section 44(5) applies correspondingly. The persons affected must tolerate measures under the first sentence.
(5) The staff of the Federal Institute and of the Deutsche Bundesbank may seize objects that may be significant as evidence for establishing the facts. Where the objects are no longer needed for the administrative procedure, they are returned to the last person who held custody of them. The persons affected must tolerate measures under the first sentence.