Competence within the meaning of Regulation (EC) No 1060/2009

(1) The Bundesanstalt is the competent authority within the meaning of Article 22 of Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (OJ L 302, 17.11.2009, p. 1), as last amended by Regulation (EU) No 462/2013 (OJ L 146, 31.5.2013, p. 1), as amended from time to time.
(2) For investment services undertakings, the Bundesanstalt is, under this Act, the sectoral competent authority within the meaning of Article 25a of Regulation (EC) No 1060/2009, as amended from time to time, insofar as those undertakings use ratings in providing investment services or ancillary investment services.
(3) Insofar as Regulation (EC) No 1060/2009, as amended from time to time, or the legal acts adopted on its basis, do not provide otherwise, sections 2, 3, 6 to 13, 17(2), section 18 other than subsection (7), fifth to eighth sentences, and section 21 other than subsection (1), third to fifth sentences, apply correspondingly to the exercise of supervision by the Bundesanstalt under subsections (1), (2) and (5).
(4) An objection and an action for rescission against measures of the Bundesanstalt under subsections (1) and (2), including on the basis of, or in connection with, Regulation (EC) No 1060/2009, as amended from time to time, or the legal acts adopted on its basis, have no suspensive effect.
(5) An applicant for approval within the meaning of section 2, no. 7, and an offeror within the meaning of section 2, no. 6, of the Securities Prospectus Act, who submits to the Bundesanstalt an application for the approval of a prospectus within the meaning of Regulation (EU) 2017/1129 for a public offer or the admission to trading of structured finance instruments within the meaning of Article 8b or Article 8c of Regulation (EC) No 1060/2009, as amended from time to time, or of an issuance within the meaning of Article 8d of Regulation (EC) No 1060/2009, as amended from time to time, and who is at the same time the issuer of that structured finance instrument or of that issuance, must enclose with the application for approval a declaration to the Bundesanstalt that they fulfil the obligations applicable to them under Article 8b, 8c or Article 8d of Regulation (EC) No 1060/2009, as amended from time to time. The effectiveness of the application for approval is unaffected by the proper submission of that declaration.