BaFin's investigative powers

(1) BaFin may require information, the submission of documents, and the surrender of copies from anyone, and may summon and examine persons, insofar as this is necessary, on the basis of indications, for monitoring compliance with a requirement or prohibition of this Act. It may in particular require particulars of changes in holdings of financial instruments and information on the identity of other persons, in particular of the principals and of the persons entitled or obliged under transactions. BaFin may require that the information, documents and copies under the first and second sentences be transmitted to it in a form determined by it. Statutory rights to refuse information or testimony, and statutory duties of confidentiality, remain unaffected.
(2) During ordinary working hours, staff of BaFin and persons engaged by it must, insofar as necessary for the performance of their tasks under this Act, be permitted to enter the land and business premises of persons obliged to provide information under subsection (1). Entry outside those hours, or entry of business premises located within a dwelling, is permissible without consent, and to be tolerated, only insofar as necessary to avert imminent dangers to public security and order and there are indications, in the person of the party obliged to provide information, of an infringement of a prohibition or requirement of this Act. The fundamental right under Article 13 of the Basic Law is restricted accordingly.
(3) A person obliged to provide information may refuse to answer questions whose answering would expose that person, or a relative named in section 383(1), nos. 1 to 3 of the Code of Civil Procedure, to the risk of criminal prosecution or of proceedings under the Act on Regulatory Offences. The person obliged must be advised of the right to refuse information.