Involvement of the supervisory authority and notifications in criminal matters

(1) The court, the prosecuting authority, or the enforcement authority transmits to the Federal Institute, in criminal proceedings against managers of insurance undertakings or Pensionsfonds, members of the administrative or supervisory bodies of insurance undertakings or Pensionsfonds, and against holders of significant participations in insurance undertakings or Pensionsfonds, or their statutory representatives or personally liable partners, for breach of their professional duties or other criminal offences committed in connection with the exercise of a trade or the conduct of another commercial undertaking, and further, in criminal proceedings concerning criminal offences under section 331, in the event of the filing of public charges, 1. the bill of indictment or an application taking its place, 2. the application for a penal order, where this is not complied with immediately, and 3. the decision concluding the proceedings, with reasons. Where a legal remedy has been lodged against the decision, the decision must be transmitted with a reference to the legal remedy lodged. In proceedings concerning negligently committed criminal offences, the transmissions specified in the first sentence, points 1 and 2, are made only where, from the perspective of the transmitting body, decisions or other measures of the Federal Institute are urgently required.
(2) In criminal proceedings concerning criminal offences under section 331(1) and (2), point 1, the public prosecutor's office must inform the supervisory authority already of the initiation of the investigation proceedings, insofar as this is not expected to endanger the purpose of the investigation. Where the public prosecutor's office considers discontinuing the proceedings, it must hear the supervisory authority.
(2a) In criminal proceedings concerning a criminal offence under section 331(2a) or (2b), the public prosecutor's office transmits the decision concluding the proceedings to the Auditor Oversight Body at the Federal Office for Economic Affairs and Export Control, in the event of the filing of public charges. Where a legal remedy has been lodged against the decision, the decision must be transmitted with a reference to the legal remedy lodged.
(3) Where facts otherwise become known in criminal proceedings that indicate irregularities in the business operations of an insurance undertaking or a Pensionsfonds, including its field service, the court, the prosecuting authority, or the enforcement authority should likewise communicate these facts, unless it is apparent to the transmitting body that the interests of the person concerned deserving protection prevail. In doing so, account must be taken of how well established the findings to be transmitted are. Facts suggesting the unreliability of a supervisory board member, a manager, a responsible actuary, or a holder of a significant participation generally indicate irregularities in the business operations.
(3a) The administrative authority competent under section 333 transmits all regulatory-fine decisions under section 332(4a) or (4b) to the Auditor Oversight Body at the Federal Office for Economic Affairs and Export Control.
(4) Where a notification under subsection (1) or (2) concerns an insurance undertaking or a Pensionsfonds over which supervision under this Act is exercised by a Land authority, the Federal Institute forwards the notification to that authority without delay.