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Part 8 · Further Powers  ›  Chapter 2 · Investigatory Powers of the Resolution Authority › Section 178b

Conducting reviews and on-site inspections

(1) For the purpose of assessing resolvability, the resolution authority may, even without any particular occasion, conduct all necessary reviews of the undertakings and central counterparties referred to in section 1(1), and of third parties to whom functions or activities of those undertakings or central counterparties have been outsourced, or may engage a third party to carry out those reviews.
(2) The employees of the resolution authority, and the persons whom the resolution authority engages to carry out the reviews, may, in order to carry out the review under subsection (1), enter the business premises of the undertakings and persons referred to in subsection (1) during usual operating and business hours, and carry out review actions on site, insofar as this is necessary for the purpose of carrying out an effective review.
(3) For the purpose of carrying out the reviews, the resolution authority may, in particular, 1. require information and the production of documents under section 178a, in particular also question members of governing bodies and employees, or 2. require technical systems and programs to be demonstrated.
(4) The persons affected must tolerate the measures under subsections (1) to (3).
(5) The undertakings or central counterparties affected by the review bear the costs of the review. The costs incurred by the resolution authority as a result of the reviews are to be reimbursed by the undertakings or central counterparties concerned.

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