(1) BaFin may require of anyone information, the production of documents, and the handing over of copies, in order to 1. monitor compliance with the obligations and prohibitions under sections 2a, 2b, 5a, 5b, 5c, 6 and 8(1), sections 8a to 13 and 14(1) and section 15, 2. examine whether the sales prospectus contains the particulars required under section 7(1) and (2), including in conjunction with a statutory instrument issued under section 7(3), or whether those particulars are coherent and comprehensible, 3. examine whether the conditions for a measure under section 18(2) exist, 4. examine whether the conditions for taking measures under section 18(3) exist, or 5. examine whether the conditions for an order under section 24(5), first sentence exist. The information must be transmitted to BaFin electronically on its request. Where the person obliged has access to BaFin's notification and publication system, BaFin may require transmission by that means. BaFin may also require transmission in a format it determines. The request must indicate the power under section 26b.
(2) A person obliged to give information may refuse to answer such questions as would expose that person, or a relative of the kind named in section 52(1) of the Code of Criminal Procedure, to the risk of criminal prosecution or of proceedings under the Act on Regulatory Offences. The person obliged must be advised of the right to refuse to provide the information.
Subdivision 3
Liability