Power to inform and take measures

(1) Where the Bundesanstalt establishes that an undertaking within the meaning of section 73(1) or section 74(1) is not complying with its obligations under section 73(4) or section 74(2) of this Act, section 90 of the Securities Trading Act, or Regulation (EU) 2019/2033, or that it is very likely that it will not comply with those obligations, the Bundesanstalt informs the competent authority of the home state party without delay.
(2) Where the competent authority of the home state party takes no measures, or where the Bundesanstalt considers the measures, on the basis of the information and findings transmitted to it by the competent authority of the home state party, to be insufficient, the Bundesanstalt may, after informing the competent authority of the home state party and the European Securities and Markets Authority, take the necessary measures. It may in particular prohibit the conduct of new business domestically.