As a manager of a credit institution, indicate secondary activities
Do you manage a credit institution? Then you have a personal duty of disclosure to the Federal Financial Supervisory Authority (BaFin) regarding your activities at other companies.
Description
As a manager of a credit institution, you must have enough time for your tasks. The number of other mandates you may take on is therefore limited. The Federal Financial Supervisory Authority (BaFin) checks this, and also whether any conflicts of interest could arise from the activities.
You must therefore notify BaFin if you begin or end any of the following activities at another company:
- Managing director
- Member of the supervisory or administrative board.
In addition, you must submit your notification to the Deutsche Bundesbank.
Contact person
Bundesanstalt für Finanzdienstleistungsaufsicht (BaFin)
Address
address
Haltestellen
- Haltestelle: Husarenstraße
Linie:- Straßenbahn: 61
address
Haltestellen
- Haltestelle: Husarenstraße
Linie:- Straßenbahn: 61
PO box address
Post office box 500154
60306 Frankfurt am Main
PO box address
Post office box 1253
53002 Bonn
Contact
fax: +49 228 4108-1550
telephone: +49 228 4108-0
e-mail: fitandproper@bafin.de
e-mail: poststelle@bafin.de
e-mail: qes-posteingang@bafin.de
Internet
Payment methods
The following payment method is possible: Transfer
Keywords
BaFin
Required documents
- Information on time availability: form "Secondary activities of managers of an institution or of persons who actually manage the business of a financial holding company or a mixed financial holding company".
- insofar as several mandates which you hold are considered to be one: Evidence through corresponding explanations or documents
- in the case of mandates as a representative of the federal government or the federal states: corresponding articles of association as an annex or citation of the legal basis
Detailed information on the required documents and disclosures can be found in BaFin's "Merkblatt zu den Geschäftsleitern gemäß KWG, ZAG und KAGB".
Forms
Forms: yes
Online procedure possible: no
Written form required: yes
Personal appearance required: no
Prerequisites
- You are a managing director or you actually run the business
- of an institution,
- a financial holding company, or
- a mixed financial holding company
- The Federal Financial Supervisory Authority is the competent supervisory authority.
- You start or end one of the following activities at another company:
- Managing director
- Member of the supervisory or administrative board. Also applies to mandates in
- facultative supervisory boards
- advisory boards, if the tasks and powers of the advisory board correspond to those of an administrative or supervisory body and are regulated by law, by the articles of association or by the company statutes.
Basis for legal action
Legal remedy
- where appropriate, opposition
- Administrative court action, if necessary
Procedure
You must submit a single copy of your notification to
- the Federal Financial Supervisory Authority and
- the head office of the Deutsche Bundesbank responsible for the institution or company. The head office responsible is the one in whose territory the head office of the institution or company is located.
Proceed as follows:
- Go to the BaFin website and download the following form:
- "Annex 6 (to Section 11 (1) AnzV) NT: Secondary activities of managers of an institution or of persons who actually manage the business of a financial holding company or a mixed financial holding company".
- Fill out the form completely and truthfully. You can do this directly on your computer and print it out.
- Compile all the required documents and send them by mail.
Deadlines
You must report the new activity immediately, i.e. usually within 2 weeks.
Processing time
The processing time varies or depends on the case.
Costs
There are no costs for you.
Further Information
Area of validity
Germany-wide
Official approval
Officially approved by Federal Ministry of Finance on 04.08.2021
Keywords
member