Pursuit of unauthorised insurance business

(1) An undertaking, the members of its governing bodies, its employees, and other undertakings that are or were involved in the conduct of its business, must, on request, provide the Federal Institute with information on all business matters and submit documents, where facts justify the assumption, or it is established, that
1. the undertaking conducts business for which it does not have the authorisation required under section 8, or
2. it commences or continues business operations contrary to section 61, section 67, or section 169. Members of a governing body and employees must, on request, provide information and submit documents even after leaving the governing body or the undertaking. The Federal Institute may issue instructions to the undertakings and persons named in the first sentence for securing customer funds, data, and assets.
(2) The Federal Institute may carry out examinations in the premises of the undertaking, and in the premises of the persons and undertakings obliged to provide information and submit documents under subsection (1), insofar as necessary to establish the nature or extent of the business or activities. For this purpose, the employees of the Federal Institute may enter and inspect these premises within the usual operating and business hours. To avert imminent dangers to public security, they are authorised to enter and inspect these premises also outside the usual operating and business hours, and also to enter and inspect premises that serve as a dwelling; the fundamental right to the inviolability of the home (Article 13(1) of the Basic Law) is restricted to this extent.
(3) The employees of the Federal Institute may search the premises of the persons and undertakings obliged to provide information and submit documents under subsection (1). Within the search, the employees may also search the persons obliged to provide information and submit documents, for the purpose of seizing objects within the meaning of subsection (4). Searches of business premises and persons must be ordered by the judge, except where danger is imminent. Searches of premises serving as a dwelling must always be ordered by the judge. The fundamental right to the inviolability of the home (Article 13(1) of the Basic Law) is restricted to this extent. The Local Court in whose district the premises are located has jurisdiction. An appeal (Beschwerde) is admissible against the judicial decision; sections 306 to 310 and 311a of the Code of Criminal Procedure apply correspondingly. A record must be made of the search. It must contain the responsible office, the reason, time, and place of the search and its result, and, where no judicial order was issued, also the facts that gave rise to the assumption of imminent danger.
(4) The employees of the Federal Institute may seize objects that may be significant as evidence for establishing the facts.
(5) The parties concerned must tolerate measures under subsections (2), (3), first and second sentences, and subsection (4).
(6) The rights of the Federal Institute, and the duties of the parties concerned to cooperate and tolerate, also exist in respect of undertakings and persons for whom facts justify the assumption that they are involved in the initiation, conclusion, or conduct of unauthorised insurance business. On the basis of a corresponding request by the competent authority of another state to the Federal Institute, they also exist in respect of undertakings and persons for whom facts justify the assumption that the undertakings or persons are involved in the initiation, conclusion, or conduct of insurance business that is conducted in the other state contrary to a prohibition existing there.