Notify BaFin of new or departing members of the supervisory board or advisory board of asset management companies

Service Description

Capital management companies (KVG) in the legal form of a

  • stock corporation (AG) or
  • company with limited liability (GmbH)

are obliged to form a supervisory board. If you operate as a Gesellschaft mit beschränkter Haftung & Compagnie Kommanditgesellschaft (GmbH & Co. KG), you must form an advisory board instead.

If your capital management company appoints Supervisory Board or Advisory Board members, you must report this to the Federal Financial Supervisory Authority (BaFin). You must also report the departure of a member - and explain why the person has left. The obligation to notify also arises

  • as soon as a deputy member has been elected, regardless of when the person actually takes up the mandate,
  • when a substitute member takes over,
  • if a member is re-elected and the existing mandate is extended as a result and
  • if a member does not stand for re-election at the end of the regular term of office and therefore leaves.

You as a company must make these notifications, not the person in question.

You do not have to report the appointment or resignation of a member of the Supervisory Board or Advisory Board if they are employee representatives elected in accordance with the provisions of the co-determination laws.

Source: Zuständigkeitsfinder Thüringen (Linie6PLus)

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