Exemptions; authorisation to issue statutory instruments

(1) The Bundesanstalt may exempt domestic issuers having their seat in a third country from the obligations under section 40(1) and section 41, insofar as those issuers are subject to, or submit themselves to, equivalent rules of a third country. The Bundesanstalt informs the European Securities and Markets Authority of an exemption granted. The first sentence does not apply to the obligations of those issuers under section 40(1) and section 41 arising from notifications under section 39.
(2) Issuers to whom the Bundesanstalt has granted an exemption under subsection (1) must publish information on circumstances corresponding to those of section 33(1), first sentence, and (2), section 38(1), first sentence, section 40(1), first and second sentences, and section 41, that must be made available to the public under the equivalent rules of a third country, in the manner set out in section 40(1), first sentence, including in conjunction with a statutory instrument under subsection (3), and must notify the Bundesanstalt at the same time. The information must be transmitted simultaneously with publication to the body responsible for the company register, for entry in the company register and forwarding to the central European access point.
(3) The Federal Ministry of Finance is authorised, by statutory instrument not requiring the consent of the Bundesrat, to adopt further provisions on the equivalence of the rules of a third country and the exemption of issuers under subsection (1).