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Section 51

Levy and costs

(1) Insofar as the costs of the Federal Supervisory Office are not covered by fees or by special reimbursement under subsection (3), 90 percent of them are to be reimbursed to the Federation by the institutions. The costs are apportioned among the individual institutions in proportion to the scale of their business, and are collected by the Federal Supervisory Office in accordance with the provisions of the Administrative Enforcement Act. The provisions contained in the Levy Ordinance for the Credit and Financial Services Industry of 8 March 1999 (Federal Law Gazette I p. 314) apply, with the force of law, for the period from 12 March 1999 to 30 December 2000, in the version in force on 12 March 1999. For the period from 31 December 2000 to 31 December 2001, the provisions contained in the Levy Ordinance for the Credit and Financial Services Industry apply, with the force of law, in the version in force on 31 December 2000. For the period from 1 January 2002 to 30 April 2002, the provisions contained in the Levy Ordinance for the Credit and Financial Services Industry apply, with the force of law, in the version in force on 1 January 2002. The costs also include the reimbursement amounts that could not be collected, and the shortfalls from the levy of the preceding year for which costs are to be reimbursed; excepted are the reimbursement amounts or shortfalls on which no unchallengeable or final decision has yet been made. The Federal Ministry of Finance determines, by statutory instrument, the details of the levying of the levy, in particular the allocation formula and reference date, the minimum assessment, the levy procedure including a suitable estimation procedure, the payment deadlines and the amount of default surcharges, and the details of collection; the statutory instrument may also provide for provisions on the provisional determination of the levy amount. It may transfer the authorisation to the Federal Supervisory Office by statutory instrument.
(2) (repealed)
(3) (repealed)
(4) Subsection (1), third to fifth sentences, as worded in the Act Amending the Insurance Supervision Act and Other Acts of 15 December 2004 (Federal Law Gazette I p. 3416), applies to the costs incurred by the Federal Banking Supervisory Office for the period from 12 March 1999 to 30 April 2002. In other respects, subsections (1) to (3), as in force until 30 April 2002, apply to the costs incurred by the Federal Banking Supervisory Office for the period up to 30 April 2002.

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