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Part 13 · Financial Forward Transactions › Section 100

Prohibited financial forward transactions

(1) Without prejudice to the powers of the Bundesanstalt under section 15, the Federal Ministry of Finance may, by statutory instrument, prohibit or restrict financial forward transactions, insofar as this is necessary to protect investors.
(2) A financial forward transaction that contravenes a statutory instrument under subsection (1) (prohibited financial forward transaction) is void. The first sentence applies correspondingly to 1. the provision of collateral for a prohibited financial forward transaction, 2. an agreement by which one party, for the purpose of discharging a debt arising from a prohibited financial forward transaction, enters into an obligation towards the other party, in particular an acknowledgement of debt, 3. the giving and taking of instructions for the purpose of concluding prohibited financial forward transactions, 4. associations formed for the purpose of concluding prohibited financial forward transactions.

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