bafin: BaFin Introduces Countercyclical and Sectoral Systemic Risk Buffer

By April 23, 2020Forex Trading


Our core business is frozen meat and other food products, such as flour, rice, beans, sugar, oil, canned products, biscuits and vegetables, but we also work with several other items, establishing new partnerships according to our customers’ requests. Life insurance undertakings German asset management companies some people and companies sell or convert e-money. Customer Risk AssessmentStrengthen your business with risk-based scorecard review. Our BaFin outsourcing guidance offers specific mappings to each requirement and how Atlassian Cloud Enterprise assists you in meeting your obligations, including information on audit rights, the right to issue instructions, data security, termination, and chain outsourcing.

At the same time they re-introduced a ban on naked short selling of the previous 10 banks and insurers companies. On 19 September 2008, in response to threats from the global financial crisis and following measures taking by the United States, BaFin banned short selling on eleven German finance stocks. These were Aareal Bank, Allianz, AMB Generali, Commerzbank AG, Deutsche Bank, Deutsche Börse, Deutsche Postbank, Hannover Re, Hypo Real Estate, MLP AG and Munich Re. In addition, we provide a comprehensive scanning solution to detect possible EUC Applications for security and audit issues. This will ensure you have details about all the critical EUCs in your inventory, without having to rely on the business to volunteer them.

Our customers are mainly supermarket chains and distributors in Africa, but we are also using our expertise to expand our business worldwide. Dentons is a global legal practice providing client services worldwide through its member firms and affiliates. This website and its publications are not designed to provide legal or other advice and you should not take, or refrain from taking, action based on its content.

  • Screen for heightened risk individual and entities globally to help uncover hidden risks in business relationships and human networks.
  • Many UK banks and financial services providers are therefore right to consider relocating their domicile or business to the continent and especially to Germany.
  • Tom Sims and Marta Orosz , German regulator fines Bank of America $5.3 million for reporting delays Reuters.
  • Access to Account refers to the ability of a financial institution to implement special online banking services via corresponding APIs.
  • Consequently, complying with requirements to provide information relating to a financial product could be viewed as “promotion”.

For example, CLNs with more than one underlying company can only be offered if investors achieve actual risk diversification. ‘In addition, retail investors are to be provided with more extensive information when investment advice is provided for this product,’ stated the DDV. The amount of the fee will depend on the type of banking business and/or the financial services applied for in the individual case. The relevant provision in this context is contained in section 2 of the German Regulation on the Imposition of Fees and Allocation of Costs pursuant to FinDAG in conjunction with the appended schedule of fees. The abbreviation FinDAG refers to the Act Establishing the Federal Financial Supervisory Authority (Finanzdienstleistungsaufsichtsgesetz; “FinDAG”). For all those endangered by Brexit and other financial services providers, we are taking a look at the fees involved in an authorization procedure with the Federal Financial Supervisory Authority .

In the past, BaFin has hardly ever made use of its enforcement powers and typically resolved issues discreetly with any bank. Notably, the agency appointed special representatives with executive authority to help to run the European arm of VTB Bank and the German unit of Ziraat Bank . BaFin enforcement powers range from the issuing of subpoenas and questioning people, suspending or prohibition trading in financial instruments up to being able to forward cases to the public prosecutor. All information will be assessed and evaluated in close cooperation with the Deutsche Bundesbank.

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On the supply side, it pays attention to the solvency of banks, insurance companies, and financial institutions. For investors, bank customers, and the insured it ensures confidence in the financial markets and the companies operating therein. In the FAQ, BaFin explains in particular how an incorrect report is to be corrected, what payment service providers must report if it is not clear what the scope of a payment security incident is, and what the consequences are if the obligation to submit an initial report falls on a weekend or a public holiday. The same interpretation should apply where a financial market participant commits to make a minimum proportion of taxonomy- aligned investments, provided that the minimum commitment is achieved.

Must design procedures and product monitoring according to, and in coordination with, the target market. To do this, they must first determine the target market and ensure that the product is compatible with the interests, goals and characteristics of each market. The regulations require product manufacturers to conduct product tests to assess how any given product might affect consumers. The supervisor shall include the monitoring of security assets and solvency to ensure that insurance contracts can be met. BaFin also monitors in general compliance with all laws applicable to the operation of insurance businesses. The establishment of new banks in Germany is subject to a compulsory license subject to law, BaFin, as the competent authority, approves such licenses.

The circular is based on Section 15a of the German Banking Act and Section 27 of the German Payment Services Supervision Act . It regulates banking products consumer loan agreements, deposit products and payment services) and organizational requirements for internal control systems of institutions as defined by the KWG and ZAG. The regulations relate to internal processes, functions and strategies of a product, based on its entire life cycle. They aim to ensure the interests, objectives and characteristics of the target market, that is, the consumers for whom each financial product was designed. The guidelines impose specific rules on both product manufacturers and product distributors, and regulate disclosure and monitoring obligations of both.

The ESG Service automates the means for tracking ESG performance and the related margin changes to deliver significant benefits to users across the middle and back office, including credit managers, borrowers, and sustainability coordinators. The financial regulator has also delivered a stern warning against unchecked traders that are using flashy social media profiles to trick inexperienced persons into thinking they can trade online and make thousands in no time. To prevent such practices,BaFinissued several guidelines that encourage potential investors to be wary of promises of disproportionate returns.

Banking License and Brexit: Here Is The Cost of a German BaFin License

The BAIT have now become the cornerstone of IT supervision for all credit and financial services institutions in Germany. They specify what BaFin considers to be adequate technical and organisational resources for IT systems, particularly in relation to the requirements for information security and suitable contingency management. If this happened, the country would leave both the EU and the European Economic Area.


AltFi provides market-leading news, opinion, insights and events for the rapidly-growing alternative finance and fintech community. Our core focus is on disruption to lending, banking and investing, including alternative lending, challenger banks and digital wealth management. C) In dynamic trailing stop loss and profit target with machine learning‘s view – notwithstanding obligations resulting from other legal provisions – there are no pre-contractual disclosure obligations under SFDR for financial products that are no longer offered, regardless of when their offering was discontinued.

Primary responsibility is that the German financial system function appropriately, remains competitive and stable and preserve its integrity. It also ensures that the trust of investors and insurance policyholders in this system is maintained. Furthermore, they are tasked with that market operators conduct themselves fairly. BaFin employs roughly 2,530 at its two offices and is fully funded by fees and levies of the supervised institutions and companies and so is independent of the federal budget.


To learn more about our commitment to safeguard customer data, visit our Security Practices page. Tom Sims and Marta Orosz , German regulator fines Bank of America $5.3 million for reporting delays Reuters. In 2022, BaFin fined Bank of America 5.1 million euros ($5.28 million) for delays in reporting voting rights notifications. BaFin is required to ensure the functioning of the German markets for securities and derivatives in accordance with the Securities Trading Act . This includes in particular the prevention of insider trading and other market abuses such as price and market manipulation. In May 2022, the Federal Ministry of Finance gave BaFin more leeway and independence in conducting its work.


It will apply to products introduced to the market after May 1, as well as to all products already on the market that have undergone significant changes since the circular’s effective date. BaFin is Germany’s financial regulator and is responsible for ensuring the stability and integrity of the German financial system. We provide cost-efficient AML solutions businesses of all sizes can use to protect them from financial crimes. AML Data Get support for your AML compliance process with our global comprehensive AML data. Bafin created a working group together with the Federal Lawyer’s Chamber, Assessor accountant, notaries, tax advisers and public accountants.

An appeal to the Constitutional Court regarding the unconstitutionality of this levy in 2009 was rejected as unfounded. In the opinion of the court, the levy is ‘intended to strengthen investor confidence and the soundness and integrity of these companies. In addition to these divisions, the so-called “operational pillars”, there are a number of departments that have cross-organizational or perform administrative tasks, such as “risk modeling”, “money laundering” and “international responsibilities”. On 19 May 2010, in response to 2010 European sovereign debt crisis, BaFin banned naked short selling of credit default swaps on euro-area government bonds until 31 March 2011.

BaFin does not see any substantial risk with respect to “greenwashing” in this regard. The Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht, BaFin) is a financial market supervisory authority that supervises and controls all areas of finance in Germany, including banks, financial service providers, insurers and securities trading. Its core task is to ensure a stable, functioning and integrated financial system in order to guarantee fair and transparent conditions on the financial markets. To perform such an analysis, financial market participants would have to “make available” the archived sales documents, read through them and determine or decide whether any ESG-related disclosures made at that time now meet the factual requirements of Articles 8 or 9 of SFDR. As a financial market-based institution BaFin is responsible for both providers and consumers.

BaFin’s view is that there is no longer a pre-contractual relationship in which pre-contractual sustainability disclosures must be made available to the potential end investor. BaFin assumes that the EU Commission had this in mind at the time it drafted its answer and that the response accordingly focused on the obligations to be fulfilled and not on those that do not apply. The German financial system continues to function appropriately and remain competitive and stable, and its integrity is preserved. As a result, the trust of investors and insurance policyholders in this system is saved. Financial supervision’s objective is to ensure the German financial market’s proper functioning, stability, and integrity.

Bundesanstalt für Finanzdienstleistungsaufsicht , also known as the Federal Financial Supervisory Authority, is an autonomous public-law institution formed to ensure the proper functioning, stability, and integrity of the German financial system. BaFin is responsible for the supervision of all banks, credit institutions, insurers, funds, and financial institutions in Germany. Similar to bank supervision, the Insurance Supervision Law requires insurance companies to receive and maintain their business with the approval of BaFin, and the conditions are similar to those of banking supervision.

Jira Service Management Enterprise

The Federal Financial Supervisory Authority, better known by its abbreviation BaFin, is the financial regulatory authority for Germany. It is an independent federal institution with headquarters in Bonn and Frankfurt and falls under the supervision of the Federal Ministry of Finance. Deutsche Bank has become the fourth bank in the past month to get into regulatory trouble for having lax anti-money laundering controls in place, joining Danske Bank, ING, and Credit Suisse. A damning report by the EU’s securities markets regulator found numerous shortcomings in German authorities’ supervision of Wirecard’s financial reporting leading up to its collapse surrounding a $2 billion accounting scandal. These traders, however, do not have the necessary accreditation or qualifications to offer these services, though they promise very lucrative and guaranteed returns. Tips garnered online by young investors via social media may be inaccurate, the watchdog warns, while advice from financial celebrities can come with a good deal of risk when deciding where to park their money.

We help BaFin-regulated industries (FSI) to overcome IT security and compliance challenges

Finally, BaFin clarifies the requirements for the submission of interim reports. This must always be done when regular activities have been resumed and regular operations have been restored. However, if regular operations have not been restored within three days of the initial notification, a corresponding interim notification must be submitted. However, a further interim report is only required if there are significant changes to the incident or if regular operation is resumed. If an initial or interim report has already been submitted when a material change occurs, BaFin must be informed of this change in a first or second interim report. The leader in news and information on cryptocurrency, digital assets and the future of money, CoinDesk is a media outlet that strives for the highest journalistic standards and abides by a strict set of editorial policies.

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This would imply, for example, that each investor could claim damage from BaFin if the authority should have realized that financial statements or prospectuses of an issuer of securities were incorrect or misleading. But the statute by which BaFin was constituted sets out that BaFin discharges its duties only in the interest of the public.4 Courts and legal commentators have therefore argued that an investor cannot claim damages from BaFin. In BaFin’s view, EUC applications developed or operated by an institution’s organisational units should be divided into risk classes. This achieves transparency within the institution in relation to the risks arising from the use of such applications. Furthermore, banking supervisors expect the institution to maintain a central register of all EUC applications, especially those that are important for banking business processes, for risk management and monitoring or for accounting purposes.

In support of all of our German customers operating within the financial services space, Atlassian is dedicated to helping them navigate these regulatory requirements at the national level with BaFin and at the regional level with the European Banking Authority . These requirements, like the majority of security and compliance protocols, are a shared responsibility between the outsourcing vendor and financial institutions in Germany to assess whether they are abiding by the regulatory standards set by BaFin. With regard to the submission of an initial report, BaFin clarifies that reportable incidents must also be identified, classified and reported on a weekend or a public holiday. Thus, the requirement to detect and classify payment security incidents represents a minimum requirement. However, this does not mean that the additional monitoring of the functioning of payment services traffic is optional. In order to determine the exact costs and assess the allocation amounts, BaFin defines areas of supervision and categories.


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