Cross-border provision of services

(1) A securities institution having its seat in another state party may, without a licence from the Bundesanstalt, provide investment services domestically by way of the cross-border provision of services, including through tied agents having their seat or habitual residence in the home state party or in another Member State, where the securities institution has been authorised by the competent authority of its home state party, the investment services provided are covered by that authorisation, and the securities institution is supervised by the competent authorities in accordance with the relevant Union-law requirements, in particular Directive 2014/65/EU, Directive (EU) 2019/2034 and Regulation (EU) 2019/2033. The Bundesanstalt publishes the names of tied agents having their seat or habitual residence in the home state party of the securities institution that the securities institution intends to engage domestically on a cross-border basis.
(2) Section 5(4) and (6), sections 11, 31 and 32 of this Act, and section 17 of the Financial Services Supervision Act apply correspondingly to activities carried on by way of the cross-border provision of services under subsection (1). Sections 30 and 31 do not apply to operators of a multilateral or organised trading facility that offer access domestically by way of the cross-border provision of services.