(1) Housing enterprises with savings facilities must invest their funds in such a way that adequate solvency (liquidity) is ensured at all times. Rent payments falling due in the next twelve months are taken into account as liquidity inflows.
(2) The Federal Ministry of Finance is authorised to issue, by statutory instrument not requiring the consent of the Bundesrat, in consultation with the Deutsche Bundesbank, more detailed provisions on adequate liquidity, in particular on the 1. methods for assessing adequate liquidity and the technical principles required for this, 2. transactions to be taken into account as means of payment and payment obligations, including their bases of assessment, and 3. duty of housing enterprises with savings facilities to transmit to the Federal Institute and the Deutsche Bundesbank the particulars required to demonstrate adequate liquidity, including provisions on the content, type, scope, and form of the particulars, on the frequency of their transmission, and on the data carriers, transmission channels, and data formats permissible. The Federal Ministry of Finance may transfer the authorisation to the Federal Institute by statutory instrument, on the basis that the statutory instrument is issued in agreement with the Deutsche Bundesbank. Before the statutory instrument is issued, the umbrella association of housing enterprises with savings facilities is to be heard.
(3) In assessing liquidity, the Federal Institute may, in an individual case, order liquidity requirements against housing enterprises with savings facilities that go beyond the requirements laid down in the statutory instrument under subsection (2), first sentence, where sustained liquidity is not ensured without such a measure.
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Section 51b
Requirements for the liquidity of housing enterprises with savings facilities
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