Cooperation of the Bundesanstalt with other competent authorities

(1) Where the Bundesanstalt is the authority competent under section 56, it transmits to the competent authorities and other competent bodies named in section 58(4), insofar as necessary for the performance of their tasks, all relevant information, including 1. particulars of the legal structure, governance structure and organisational structure of the securities institution group, covering all supervised undertakings, unsupervised undertakings, unsupervised subsidiary undertakings and the parent undertakings, and stating the bodies competent for the supervised undertakings of the securities institution group; 2. particulars of the procedures by which information is obtained from, and verified in respect of, the securities institutions of a securities institution group; 3. particulars of any adverse developments at securities institutions or other undertakings of a securities institution group that could seriously harm those securities institutions; 4. particulars of any significant sanctions and exceptional measures imposed or taken by the competent bodies under the national provisions implementing Directive (EU) 2019/2034; and 5. particulars of the determination of special own funds requirements on the basis of section 49.
(2) Where a competent authority in another state party refuses a request by the Bundesanstalt for cooperation, in particular for the exchange of relevant information, or fails to comply with the request within a reasonable period, the Bundesanstalt may, in accordance with Article 19(1) of Regulation (EU) No 1093/2010, refer the matter to the European Banking Authority for assistance.
(3) The Bundesanstalt consults the competent authorities and other competent bodies named in section 58(4) before taking a decision that could be relevant for the supervisory tasks of those other competent bodies, in respect of the following: 1. changes in the shareholder, organisational or management structure of securities institutions of a securities institution group, requiring approval or authorisation by the competent bodies; 2. significant sanctions or other exceptional measures imposed or taken by the competent bodies against securities institutions; and 3. special own funds requirements determined on the basis of section 49 of this Act and Article 39 of Directive (EU) 2019/2034.
(4) The Bundesanstalt consults the authority competent for group supervision under Article 46 of Directive (EU) 2019/2034 before imposing significant sanctions or taking other exceptional measures under subsection (3), no. 2.
(5) In derogation from subsection (3), the Bundesanstalt may, in emergencies or in cases where such consultation could jeopardise the effectiveness of its decision, refrain from consulting the competent authorities or other competent bodies named in section 58(4); it informs the other competent authorities or bodies concerned of this without delay.