Provisions on coercive fines

(1) The provisions on coercive fines of sections 335 to 335b of the Commercial Code apply accordingly also to the infringement of duties of the body authorised to represent the issuer of asset investments, and also to the issuer of asset investments itself, and this applies even where the issuer is not a corporation or a company within the meaning of section 264a of the Commercial Code; the maximum amount under section 335(1a) of the Commercial Code applies regardless of whether the company is capital-market-oriented within the meaning of section 264d of the Commercial Code. Where an annual report is drawn up, the duty under section 23(1) replaces the duties under section 335(1), first sentence, nos. 1 and 2 of the Commercial Code.
(2) BaFin transmits to the body maintaining the Company Register, once per half-year, insofar as this information is known to it, 1. the name and address of the issuers of asset investments and, in the case of several asset investments of the same issuer, also the specific designation of the respective asset investment, 2. the name and address of the authorised representative under section 5(3), first sentence, 3. the date resulting from the notification under section 9(2), third sentence in conjunction with section 9(1), from which the public offer of the asset investment of the respective issuer may at the earliest begin, and 4. the date of full redemption of the asset investment named in the notification under section 10. By way of derogation from the first sentence, BaFin transmits, once per half-year, for asset investments for which an exemption under section 2a or section 2b may be relied on, the name and address of the issuers that become known to it, the name and address of the authorised representative under section 5(3), first sentence, and the exemption provision relied on.
(2) The Federal Office of Justice notifies BaFin of those issuers of asset investments with a seat outside the territorial scope of this Act that have failed to comply with their duty under section 23 to submit an annual report, and against whom unappealable coercive fines have for that reason been imposed under subsections (1) and (2).
(4) BaFin may transmit the facts underlying the imposition of an unappealable coercive fine under subsections (1) and (2) against an issuer of asset investments within the meaning of the first sentence to the body maintaining the Company Register for entry in the Company Register, insofar as this is warranted to remedy or prevent abuses.