Communication with the Bundesanstalt and the Deutsche Bundesbank; authorisation to issue statutory instruments

(1) Unless otherwise provided by a statutory instrument under subsection (2) or (3), applications for licences, notifications, information and other documents to be transmitted under this Act must be transmitted in writing. Section 3a of the Administrative Procedure Act and the requirements of Delegated Regulation (EU) 2017/1943 and of Commission Implementing Regulation (EU) 2017/1945 of 19 June 2017 laying down implementing technical standards with regard to notifications by and to applicant and authorised investment firms according to Directive 2014/65/EU of the European Parliament and of the Council (OJ L 276, 26.10.2017, p. 22) remain unaffected.
(2) The Federal Ministry of Finance may, in consultation with the Deutsche Bundesbank, by statutory instrument not requiring the consent of the Bundesrat, provide that undertakings must use an electronic communication procedure made available by the Bundesanstalt for the licensing procedure and supervision under this Act, in particular that they must 1. establish electronic access for the electronic communication procedure; 2. transmit information, notifications and documents only through the electronic communication procedure, in derogation from subsection (1); 3. ensure that a check is regularly carried out, at least every five calendar days, as to whether communications or administrative acts have been made available to them through the electronic communication procedure under sections 4f and 4g of the Financial Services Supervision Act; and 4. be able to appoint authorised representatives to act on their behalf vis-à-vis the Bundesanstalt also for the purposes of the electronic communication procedure. The Federal Ministry of Finance may transfer this authorisation, by statutory instrument not requiring the consent of the Bundesrat, to the Bundesanstalt, on condition that the statutory instrument is issued by the Bundesanstalt in consultation with the Deutsche Bundesbank. The leading associations of securities institutions must be heard before the statutory instrument is issued.
(3) The Federal Ministry of Finance may, in consultation with the Deutsche Bundesbank, by statutory instrument not requiring the consent of the Bundesrat, make more detailed provisions on the nature, scope, timing and, in derogation from subsection (1), form of the notifications, reports, information, documents and materials to be submitted under this Act, Regulation (EU) 2019/2033, Delegated Regulation 2017/1943, Implementing Regulation 2017/1945 and Commission Delegated Regulation 2017/1946 of 11 July 2017 supplementing Directives 2004/39/EC and 2014/65/EU of the European Parliament and of the Council with regard to regulatory technical standards for the exhaustive list of information to be included by proposed acquirers in the notification of a proposed acquisition of a qualifying holding in an investment firm (OJ L 276, 26.10.2017, p. 32), and on the permissible data media, transmission channels, recipients of notifications and data formats and on the supplementary information to be used and notified in addition to the principal information, such as particular legal entity identifiers and information on their currency or validity, and may supplement the existing notification obligations with an obligation to submit collective notifications and collective returns, insofar as necessary for the Bundesanstalt to perform its tasks, in particular to obtain uniform documentation for assessing the investment services, ancillary investment services or ancillary business carried out by securities institutions, or information on the holders of significant holdings. The statutory instrument may also contain more detailed provisions for the administration by the Bundesanstalt of a public register, and on access to the pages of that register and the allocation of responsibility for the accuracy and currency of those pages. The Federal Ministry of Finance may transfer this authorisation, by statutory instrument not requiring the consent of the Bundesrat, to the Bundesanstalt, on condition that statutory instruments are issued in agreement with the Deutsche Bundesbank. The leading associations of securities institutions must be heard before the statutory instrument is issued.