KPMG:BANKING REGULATIONS(英德双语版)

Table of contents
Part I
GENERAL PROVISIONS
1. Banks, financial services institutions, financial holding companies and
financial enterprises
§ 1 Definitions
§ 2 Exceptions
§ 2a Legal form
§ 2b Holders of substantial participating interests
§ 3 Prohibited business
§ 4 Decisions by the Federal Financial Supervisory Authority
2. Federal Financial Supervisory Authority
§ 5 (repealed)
§ 6 Functions
§ 7 Cooperation with Deutsche Bundesbank
§ 8 Cooperation with other bodies
§ 8a Responsibility for supervision on an aggregated basis
§ 9 Confidentiality
Part II
PROVISIONS FOR INSTITUTIONS
1. Own funds and liquidity
§ 10 Capital adequacy
§ 10a Capital adequacy of groups of institutions and financial holding groups
§ 11 Liquidity
§ 12 Limitation of qualified participating interests and limitations on participating
interests for electronic cash institutions
§ 12a Establishment of corporate affiliations
2. Lending business
§ 13 Large exposures of non-trading book institutions
§ 13a Large exposures of trading book institutions
§ 13b Large exposures of groups of institutions and financial holding groups
§ 14 Exposures of 1.5 million euros or more
§ 15 Loans to officers and related parties
§ 16 (rescinded)
§ 17 Liability
§ 18 Information required of borrowers
§ 19 The concepts of “exposure” in sections 13 and 14 and of “borrower”
§ 20 Exceptions to the obligations of sections 13 and 14
§ 21 The concept of “exposure” in sections 15 to 18
§ 22 Authority to issue regulations on exposures
3. Customers’ rights
§ 22a Possibility to re-exchange electronic cash
4. Advertising and notification obligations on the part of institutions
§ 23 Advertising
§ 23a Deposit guarantee fund
5. Special duties of institutions, their managers, financial holding companies
and mixed-activity holding companies
§ 24 Reports
§ 24a Establishment of branches and provision of cross-border services in other states of
the European Economic Area
§ 24b Participation in payment, securities-transfer and securities-settlement systems
§ 24c Automated retrieval of account information
§ 25 Monthly returns and other particulars
§ 25a Particular organisational duties of institutions
§ 25b Particular organisational duties concerning cross-border cashless payments
5a. Submission of accounting records
§ 26 Submission of annual accounts, management report and auditor’s reports
6. Audits and the appointment of auditors
§ 27 (rescinded)
§ 28 Appointment of the auditor in special cases
§ 29 Special duties of the auditor
§ 30 (rescinded)
7. Exemptions
§ 31 Exemptions
Part III
PROVISIONS ON THE SUPERVISION OF INSTITUTIONS
1. Licence to conduct business
§ 32 Granting of licences
§ 33 Refusal of licences
§ 33a Deferral or qualification of licences in the case of enterprises domiciled outside
the European Communities
§ 33b Consultation of the competent authorities of another state in the European
Economic Area
§ 34 Representation and continuation in the event of death
§ 35 Expiry and revocation of licences
§ 36 Dismissal of managers; transfer of powers of governing bodies to special representatives
§ 37 Intervention to stop unlawful transactions
§ 38 Consequences of the revocation and expiry of licences; measures in the event of
liquidation
2. Protection of certain designations
§ 39 The terms “bank” and “banker”
§ 40 The term “savings bank”
§ 41 Exceptions
§ 42 Decision by the Federal Financial Supervisory Authority
§ 43 Registration provisions
3. Information and audits
§ 44 Information from and audits of institutions, ancillary banking services enterprises,
financial holding companies and enterprises included in supervision on an aggregated
basis
§ 44a Cross-border information and audits
§ 44b Information from and audits of the holders of substantial equity holdings
§ 44c Prosecution of unauthorised banking business and financial services
4. Measures taken in special cases
§ 45 Measures in cases of inadequate own funds or inadequate liquidity
§ 45a Measures relating to financial holding companies
§ 46 Measures in cases of danger
§ 46a Measures in cases of impending insolvency; appointment of persons authorised to
represent the institution
§ 46b Insolvency petition
§ 46c Calculation of prescribed periods
§ 47 Moratorium; suspension of banking and stock market business
§ 48 Resumption of banking and stock market business
5. Enforceability, sanctions, costs and charges
§ 49 Immediate enforceability
§ 50 (rescinded)
§ 51 Costs and charges
Part IV
SPECIAL PROVISIONS
§ 52 Special supervision
§ 53 Branches of enterprises domiciled abroad
§ 53a Representative offices of institutions domiciled abroad
§ 53b Enterprises domiciled in another state of the European Economic Area
§ 53c Enterprises domiciled in non-EEA states
§ 53d Reports to the Commission of the European Communities
Part V
PROVISIONS ON PENALT I E S AND FINES
§ 54 Prohibited business; operating without a licence
§ 55 Violation of the duty to report insolvency or over-indebtedness
§ 55a Unauthorised use of data on exposures of 1.5 million euros or more
§ 55b Unauthorised public disclosure of data on exposures of 1.5 million euros or more
§ 56 Provisions governing fines
§ 57 (repealed)
§ 58 (repealed)
§ 59 Fines imposed on enterprises
§ 60 Competent administrative authority
§ 60a Notifications in cases of criminal prosecution
Part VI
TRANSITIONAL AND FINAL PROVISIONS
§ 61 Licence for existing banks
§ 62 Transitional provisions
§ 63 (legislation rescinded and amended)
§ 63a Special provisions relating to the territory specified in Article 3 of the Unification
Treaty
§ 64 Successor enterprises to Deutsche Bundespost
§ 64a Limits on investments by existing banks
§ 64b Capital of existing banks
§ 64c Transitional arrangement for debit balances
§ 64d Transitional arrangement for large exposures
§ 64e Transitional provisions for the Sixth Act Amending
the German Banking Act
§ 64f Transitional provisions for the Fourth Financial Markets Promotion Act
§ 65 Entry into force