Special powers under Regulation (EU) 2022/2554

(1) In the event of breaches of Regulation (EU) 2022/2554, the Bundesanstalt may, without prejudice to other powers provided for in this Act, make orders in individual cases that are suitable and necessary to ensure compliance with the requirements of Regulation (EU) 2022/2554. In particular it may order an investment services undertaking or a crowdfunding service provider within the meaning of Article 2(1), letter e) of Regulation (EU) 2020/1503 1. to discontinue conduct that infringes that Regulation and to refrain from repeating it, 2. to temporarily or permanently discontinue practices or conduct that are contrary to the provisions of the Regulation, and not to repeat them, 3. to ensure that the legal requirements continue to be met, and 4. to take corrective and remedial measures.
(2) The Bundesanstalt may carry out investigations into compliance with the requirements of Regulation (EU) 2022/2554 within the scope of application of this Act. Without prejudice to other powers provided for in this Act, the Bundesanstalt may, for that purpose, summon members of the governing bodies of an investment services undertaking or of a crowdfunding service provider within the meaning of Article 2(1), letter e) of Regulation (EU) 2020/1503 for questioning, so that they give oral or written statements on matters or documents connected with the subject matter and purpose of the investigation, and may record the oral statements. Section 6(15) applies correspondingly.