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Part 6 · Supervision: tasks and general powers, organisation  ›  Division 2 · Supervision within the European Economic Area › Section 327

Cooperation in on-site examinations

(1) Insofar as necessary for exercising financial supervision under section 62(1) or section 169(1), or for examining a service provider established domestically, the supervisory authority of the home state, accompanied by the employees of the supervisory authority entrusted with supervision, is authorised to carry out examinations of the business operations in the business premises of the branch, through its own staff or through agents; section 305(3), section 306(4), and section 306a(2) and (3) apply correspondingly. The Federal Institute provides administrative assistance on request. The employees of the supervisory authority, and persons involved in the examination by it correspondingly under section 306(1), first sentence, point 3, may enter the business premises of the insurance undertaking. The fundamental right to the inviolability of the home (Article 13(1) of the Basic Law) is restricted to this extent.
(2) The supervisory authority may request the supervisory authorities of another member state of the European Union to verify information on a supervised group undertaking, or on an undertaking not subject to supervision, from the other member state.
(3) Where, within the framework of cooperation in group supervision (section 284), the competent authority of another member or contracting state (requesting authority) makes a verification request within the meaning of subsection (2) in respect of a corresponding undertaking with its registered office domestically, the supervisory authority provides administrative assistance. Where the supervisory authority carries out the examination itself, the requesting authority may participate in, or be present at, the examination. Section 305(5) and section 306(5) apply correspondingly. The supervisory authority informs the group supervisory authority of the measures taken.

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