Prohibited business, acting without authorisation

(1) Whoever 1. conducts business named in section 3(1), point 1 or 3, each also in conjunction with section 53b(3), first or second sentence, or in section 3(3), fourth sentence, contrary to that provision, 2. accepts a sum of money contrary to section 3(1), point 2, first half-sentence, also in conjunction with section 53b(3), first or second sentence, or 3. conducts banking business or provides a financial service without authorisation under section 32(1), first sentence, first half-sentence, is liable to imprisonment not exceeding five years or to a fine.
(2) The same penalty applies to whoever provides a clearing service without authorisation under Article 14(1) of Regulation (EU) No 648/2012, as amended on 27 November 2024.
(3) The same penalty applies to whoever carries on a central securities depository activity without authorisation under Article 16(1) of Regulation (EU) No 909/2014, as amended on 13 December 2023.
(4) The same penalty applies to whoever provides a crowdfunding service without authorisation under Article 12(1) of Regulation (EU) 2020/1503, as amended on 7 October 2020.
(5) Where the offender acts negligently in the cases under subsections (1) to (3) or (4), the penalty is imprisonment not exceeding three years or a fine.