Transitional provision relating to the Act to Strengthen Financial Market Integrity

(1) Examinations under section 342b(2), third sentence, of the Commercial Code, in the version in force up to and including 31 December 2021, that are not concluded by the end of 31 December 2021 and are pending before an examination body recognised under section 342b(1) of the Commercial Code in the version in force up to and including 31 December 2021, are continued by the Bundesanstalt.
(2) The body recognised as an examination body under section 342b(1) of the Commercial Code, in the version in force up to and including 31 December 2021, must transmit to the Bundesanstalt, without delay after the end of 31 December 2021, all documents in its possession relating to an examination under subsection (1). The Bundesanstalt is authorised to collect this information in order to continue the respective examination. Sections 106 to 113 apply to an examination continued under subsection (1).
(3) The body recognised as an examination body under section 342b(1) of the Commercial Code, in the version in force up to and including 31 December 2021, must, until 31 December 2031, grant the Bundesanstalt, on request, access to documents in its possession relating to examinations concluded by 31 December 2021 at the latest, and must transmit to the Bundesanstalt a physical or electronic copy of documents that it intends to destroy or delete before the end of ten years after the respective conclusion of the examination. That intention must be notified to the Bundesanstalt. The Bundesanstalt has the rights under the first sentence only where the undertaking to which the documents relate consents, or where there is an overriding public interest in the access or transmission.