Cross-border provision of services by domestic securities institutions

(1) A securities institution that intends to offer investment services on a cross-border basis in another state party must notify this to the Bundesanstalt and the Deutsche Bundesbank without delay. The notification must contain: 1. the Member State in which the cross-border service is to be provided; 2. a business plan stating the intended activities; and 3. whether tied agents having their seat or habitual residence domestically are to be engaged for the cross-border service in the state party in which it is to be provided, together with their names.
(2) Ancillary investment services may be notified only in connection with at least one investment service. More detailed provisions arise from Delegated Regulation (EU) 2017/1018 and Implementing Regulation (EU) 2017/2382.
(3) The Bundesanstalt forwards this information to the competent body of the host state party within one month of receipt. The securities institution may then provide the relevant investment services and investment activities in the host Member State.
(4) Where the operator of a multilateral or organised trading facility intends to grant trading participants in other states direct access to its trading system and to enable them to trade on its markets, it must notify this to the Bundesanstalt, provided this constitutes the first grant of access to a trading participant in the state concerned. The Bundesanstalt informs the competent bodies of the host state party of this intention within one month of receipt of the notification. On request, the operator must inform the Bundesanstalt of the names of the admitted trading participants from that state. On request of the competent authority in the host state party, the Bundesanstalt communicates this information to it within a reasonable period.