Exceptions from the supervisory duty; power to issue a statutory instrument

(1) The following are not subject to supervision under this Act: 1. associations of persons that grant support to their members without the members having a legal entitlement to it, in particular the support institutions and support associations of professional associations; 2. the support funds established by guilds under the Trade and Crafts Code; 3. legally capable associations of chambers of industry and commerce with trade associations, where such associations pursue the purpose of equalising, by way of apportionment, the provident burdens arising for their members from provident undertakings, and where such associations have obtained legal capacity through grant by the state; 4. legally incapable associations of municipalities and municipal associations, insofar as their purpose is to equalise, by way of apportionment, the following kinds of losses arising from the risks of their members and of undertakings operated to perform public tasks in which one member or several municipal members or, in the cases under letter b, other regional or local authorities hold at least 50 percent: a) losses for which the members or their employees may be held liable by third parties under statutory liability provisions, b) losses arising from the keeping of motor vehicles, c) benefits from municipal accident welfare; 5. corporations and institutions under public law in which insurance relationships arise directly by operation of law or must be entered into as a result of a statutory obligation; 6. the public-law health-care institutions of the Federal Railway Assets and the Post Office Employees' Health Fund; 7. the Federal and Länder Pension Institution, the German Pension Insurance Fund for Miners, Railway Workers and Seamen, and the Deutsche Bundespost Pension Institution; 8. undertakings with a narrowly limited local scope of activity that, against a flat-rate charge, assume benefits in the event of an uncertain occurrence, provided that these do not consist of a cash benefit, an assumption of costs, or a release from liability towards third parties; and 9. the solidarity communities named in section 176(1) of Book Five of the Social Code.
(2) The Federal Ministry of Finance is authorised to determine, by statutory instrument not requiring the consent of the Bundesrat, that the conduct of all insurance business, or of individual kinds of insurance business, with the group of persons designated in Article I(1), letters a to c, of the Agreement of 19 June 1951 between the Parties to the North Atlantic Treaty regarding the Status of their Forces (Federal Law Gazette 1961 II, pp. 1183, 1190), is wholly or partly not subject to the provisions of this Act, insofar as this does not, within the scope of this Act, endanger the interests of other policyholders or the continued capacity of the other insurance contracts to be fulfilled.