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Section 64j

Transitional provisions on the 2009 Annual Tax Act

(1) For an undertaking that holds authorisation on 25 December 2008 for one or more banking businesses within the meaning of section 1(1) or financial services businesses within the meaning of section 1(1a), second sentence, points 1 to 4, authorisation for factoring and finance leasing is deemed to have been granted as at that date.
(2) For financial services institutions not falling under subsection (1), authorisation for factoring and finance leasing is deemed to have been granted from 25 December 2008, where they notify, by 31 January 2009, that they carry on these activities. For undertakings within the meaning of the first sentence that, at the time this Act entered into force, do not exceed at least two of the three size criteria named in section 267(1) of the Commercial Code, a longer period applies, until 31 December 2009. The notification must contain the particulars under section 32(1), fifth sentence, points 2 and 6, letters a and b, the annual financial statements for the last completed financial year or, insofar as these were not yet required to be drawn up under the time limits applicable to them, for the financial year preceding that one, or, insofar as no annual financial statements were yet required to be drawn up, the opening balance sheet and interim profit and loss account, and a current extract from the commercial register and the trade notification under section 14(1), first sentence, of the Trade Regulation Act.

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