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Part 1 · Scope of Application, Definitions › Section 5

Publication of the home state; authorisation to issue statutory instruments

(1) An issuer whose home state under section 2(13), no. 1, letter a) is the Federal Republic of Germany, or who chooses the Federal Republic of Germany as home state under section 4(1) or (2), must publish this without delay. It must also
1. transmit the information that the Federal Republic of Germany is its home state, without delay, to the body responsible for the company register, for entry in the company register and forwarding to the central European access point, and
2. notify the following authorities without delay:
a) the Federal Financial Supervisory Authority (Bundesanstalt),
b) where it has its seat in another Member State of the European Union or another state party to the Agreement on the European Economic Area, the competent authority there within the meaning of Article 24 of Directive 2004/109/EC of the European Parliament and of the Council of 15 December 2004 on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market and amending Directive 2001/34/EC (OJ L 390, 31.12.2004, p. 38), as amended by Directive 2013/50/EU (OJ L 294, 6.11.2013, p. 13), and
c) where its financial instruments are admitted to trading on a regulated market in another Member State of the European Union or another state party to the Agreement on the European Economic Area, the competent authority there within the meaning of Article 24 of Directive 2004/109/EC.
(2) The Federal Ministry of Finance may, by statutory instrument not requiring the consent of the Bundesrat, adopt further provisions on the publication of the home state.

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