Notification obligations for all securities institutions

(1) A securities institution must notify the Bundesanstalt and the Deutsche Bundesbank without delay of:
1. the intention to authorise a person who is not a manager to represent the securities institution alone across its entire business, stating in each case the facts material to assessing that person's reliability and professional qualifications, and of the implementation, abandonment or amendment of such an intention;
2. the withdrawal of authority to represent the securities institution alone across its entire business;
3. the implementation of the appointment of a manager or of a member of the management or supervisory body;
4. a change of legal form, insofar as this does not already require a licence under section 15(1), and a change of company name;
5. the transfer of the place of business or seat;
6. the establishment, transfer and closure of a branch in a third country, and the commencement and termination of the cross-border provision of services without the establishment of a branch;
7. the discontinuation of business;
8. the intention of its statutory and constitutional bodies to bring about a decision on dissolution;
9. the acquisition or relinquishment of a significant holding in the securities institution itself, the reaching, exceeding or falling below the holding thresholds of 20 per cent, 30 per cent and 50 per cent of the voting rights or of the capital, and the fact that the securities institution becomes, or ceases to be, a subsidiary undertaking of another undertaking, as soon as the securities institution becomes aware of the impending change in those holding relationships;
10. every case in which the counterparty to a repurchase transaction, reverse repurchase transaction, or securities or commodities lending transaction has failed to comply with its performance obligations;
11. the creation, change in the amount, or termination of a significant holding in other undertakings;
12. loans
a) to limited partners, shareholders of a limited liability company, shareholders, limited partners holding shares, or members of a public-law securities institution, where each such person holds more than 25 per cent of the capital (nominal capital, sum of capital contributions) of the securities institution, or is entitled to more than 25 per cent of the voting rights in the securities institution, where the loan is granted on non-market terms or without customary banking security;
b) to persons who have provided capital, other than capital under no. 1, under Article 26(1), letter a) and Article 51, letter a) of Regulation (EU) No 575/2013, as amended from time to time, amounting to more than 25 per cent of Tier 1 capital under Article 25 of Regulation (EU) No 575/2013, as amended from time to time, disregarding capital under Article 26(1), letter a) and Article 51, letter a) of Regulation (EU) No 575/2013, as amended from time to time, where the loan is granted on non-market terms or without customary banking security;
13. the intention of a material outsourcing arrangement, its implementation, and material changes and serious incidents in existing material outsourcing arrangements that could have a material effect on the securities institution's business activity; and
14. the intention to merge with another securities institution within the meaning of this Act, a credit institution within the meaning of the Banking Act, or an e-money institution or payment institution within the meaning of the Payment Services Supervision Act.
(2) In notifying a loan under subsection (1), no. 12, the securities institution must state the security provided and the terms of the loan. It must notify the Bundesanstalt and the Deutsche Bundesbank again without delay of a loan it has notified under subsection (1), no. 12, where the security provided or the terms of the loan are amended by legal transaction, stating the corresponding changes. The Bundesanstalt may require the securities institution to submit to it and the Deutsche Bundesbank, every five years, a collective notification of the loans to be notified under subsection (1), no. 12.
(3) In notifying the establishment of a branch in a third country under subsection (1), no. 6, the securities institution must state the name of the branch manager, the intended services and activities, and the expected share of business volume, and must submit an organisational chart of the branch.
(4) A securities institution must
1. communicate the name and address of the holder of a significant holding to the Bundesanstalt and the Deutsche Bundesbank without delay after becoming aware of it; and
2. submit annually a list of the names of the holders of a significant holding in it, and in the undertakings subordinate to it (undertakings that are to be consolidated, or voluntarily consolidated, under Article 7 of Regulation (EU) 2019/2033) having their seat abroad, together with the amount of those holdings.