(1) An undertaking, the members of its governing bodies, its employees, and other undertakings that are or have been involved in the winding-up of its business, must, on request, provide the Federal Institute and the Deutsche Bundesbank with information on all business matters and submit documents, where facts justify the assumption, or it is established, that the undertaking 1. conducts or provides banking business or financial services without the licence required under section 32 or under section 15 of the Securities Institutions Act, or without the authorisation required under Article 14 of Regulation (EU) No 648/2012, 2. carries out the activity of a central securities depository without the authorisation required under Article 16(1) of Regulation (EU) No 909/2014, 3. provides, as a central securities depository, the core services named in Section A, point 1 or 2, of the Annex to Regulation (EU) No 909/2014 without the recognition required under Article 25(2) of Regulation (EU) No 909/2014, 4. provides crowdfunding services within the meaning of Regulation (EU) 2020/1503 without the authorisation required under Article 12(1) of that Regulation, 5. carries out the activity of a data reporting services provider without the authorisation required under Article 27b(1), second subparagraph, of Regulation (EU) No 600/2014, or 6. conducts business prohibited under section 3. A member of a governing body and an employee must, on request, provide information and submit documents even after leaving the governing body or the undertaking. The Federal Institute may issue instructions to the undertakings and persons named in the first sentence for the safeguarding of customer funds, data, and assets.
(2) Insofar as this is necessary to establish the type or scale of the business or activities, the Federal Institute may carry out inspections on the undertaking's premises and on the premises of the persons and undertakings obliged to provide information and submit documents under subsection (1), first sentence, and may assign the conduct of the inspections to the Deutsche Bundesbank. For this purpose, the staff of the Federal Institute and of the Deutsche Bundesbank may enter and inspect these premises within the usual operating and business hours. To avert imminent dangers to public order and safety, they are authorised to enter and inspect these premises also outside the usual operating and business hours, and premises that also serve as a dwelling; the fundamental right under Article 13 of the Basic Law is restricted to that extent.
(3) The staff of the Federal Institute and of the Deutsche Bundesbank may search these premises of the undertaking and of the persons and undertakings obliged to provide information and submit documents under subsection (1), first sentence. In the course of the search, the staff may also search the persons obliged to provide information and submit documents, for the purpose of seizing objects within the meaning of subsection (4). The fundamental right under Article 13 of the Basic Law is restricted to that extent. Searches of business premises and of persons must be ordered by the judge, except where there is danger in delay. Searches of premises serving as a dwelling must be ordered by the judge. The local court in whose district the premises are located has jurisdiction. An appeal against the judicial decision is admissible; sections 306 to 310 and 311a of the Code of Criminal Procedure apply correspondingly. A record must be made of the search. It must state the responsible office, the reason, time, and place of the search and its outcome, and, where no judicial order was made, also the facts that gave rise to the assumption of danger in delay.
(4) The staff of the Federal Institute and of the Deutsche Bundesbank may seize objects that may be significant as evidence for establishing the facts.
(5) The persons affected must tolerate measures under subsection (2), subsection (3), first sentence, and subsection (4). Section 44(9) applies.
(6) The rights of the Federal Institute and the Deutsche Bundesbank, and the duties of the persons affected to cooperate and to tolerate measures, also exist with respect to the undertakings and persons for whom facts justify the assumption that they are involved in initiating, concluding, or winding up unauthorised banking business or financial services. On the basis of a corresponding request from the competent authority of another state to the Federal Institute, they also exist with respect to the undertakings and persons for whom facts justify the assumption that the undertakings or persons are involved in initiating, concluding, or winding up banking business or financial services that are conducted or provided in the other state contrary to a prohibition existing there.
4.
Measures in special cases