Cooperation of third parties; authorisation to issue statutory instruments

(1) The following undertakings must notify the resolution authority, the supervisory authority and the Deutsche Bundesbank of the nature and extent of their interconnectedness, within the meaning of section 40(3), point 12, with institutions: 1. direct insurance and reinsurance undertakings, and pension funds, domiciled in Germany, 2. insurance holding companies within the meaning of sections 1b and 104a(2), point 4, of the Insurance Supervision Act, domiciled in Germany, 3. insurance special purpose vehicles domiciled in Germany, 4. mixed financial holding companies domiciled in Germany, 5. superordinate undertakings of a financial conglomerate domiciled in Germany, unless they are institutions within the meaning of section 1(1b) of the Banking Act, 6. branches, domiciled in Germany and subject to a licensing requirement, of direct insurance and reinsurance undertakings domiciled in a third country, 7. institutions for occupational retirement provision domiciled in a third country, 8. branches, domiciled in Germany and subject to a licensing requirement under section 110d(1), first sentence, of the Insurance Supervision Act, of insurance undertakings domiciled in another Member State of the European Community or in another contracting state of the Agreement on the European Economic Area that are not subject to the directives of the Council of the European Community in the field of insurance, 9. UCITS management companies under the Capital Investment Code, and, in the case of externally managed UCITS management companies, also in relation to the investment funds managed by them, and 10. AIF management companies under the Capital Investment Code, and, in the case of externally managed AIF management companies, also in relation to the investment funds managed by them. The resolution authority may impose further notification and reporting obligations, owed to the resolution authority, the supervisory authority and the Deutsche Bundesbank, on the undertakings referred to in the first sentence, and may request further information from those undertakings that is required for the interconnectedness analysis in drawing up and updating the resolution plan.
(2) The Federal Ministry of Finance is authorised to issue, by statutory instrument not requiring the consent of the Bundesrat, more detailed provisions on the nature and scope of the notification obligations under subsection (1), and their timing and form, the permissible data carriers, transmission channels and data formats, and the obligation to submit collective notifications and collective statements, insofar as this is necessary for the performance of the resolution authority's tasks, in particular in order to obtain uniform documents for drawing up and updating the resolution plan. The Federal Ministry of Finance may, by statutory instrument, delegate the authorisation to the Federal Financial Supervisory Authority, with the proviso that the statutory instrument is issued in consultation with the resolution authority.