Inform the Deutsche Bundesbank and BaFin about new, changed or terminated significant shareholdings in banks and financial services institutions

Service Description

As soon as you intend, alone or in conjunction with other persons or companies, to acquire a significant interest in

  • a credit institution or
  • a financial services institution

in Germany (interested acquirer), you must inform the Deutsche Bundesbank and the Federal Financial Supervisory Authority (BaFin).

A significant shareholding is deemed to exist if you hold 10 percent of the capital or voting rights or can exercise a significant influence on the management of the bank or financial services provider. Information on the calculation and assessment of a significant shareholding can be found on the BaFin website.

You must also report such a shareholding if you wish to increase an existing significant shareholding in such a way

  • that certain thresholds are reached or exceeded or
  • you take control of the bank or financial services provider.

The same applies

  • if these thresholds are undercut or
  • you lose control of the bank or financial services institution.

If one of these changes occurs without your intention (for example in the event of inheritance), you must also report this to the Deutsche Bundesbank and BaFin.

The aim of the regulation is to inform the banking supervisory authority of changes in the ownership structure of an institution at an early stage.

If you acquire or change such a shareholding in conjunction with other persons or companies, all persons or companies involved must be notified, regardless of the individual shareholding. From a practical point of view, there is much to be said for submitting your notifications to BaFin as a package in such constellations.

In this notification of shareholding, you must state, among other things

  • Reason for the notification: creation, change, termination
  • Type of company in which you hold shares
  • Information on the percentage of your shareholding in the total nominal capital of the company (shareholding ratio)

Your notification triggers an ownership control procedure for any interested acquirer. All persons or companies involved will be assessed by the banking supervisory authority within a specified period of time on the basis of legally defined criteria:

  • How reliable are you as an interested acquirer?
  • How reliable and professionally suitable is the future management of the bank or financial services company in which you are acquiring or expanding shareholdings?
  • What is your capitalization or asset situation as an interested buyer?
  • Will the bank or financial services company still be in a position to meet the supervisory requirements under European law?
  • Is the intended acquisition related to money laundering or terrorist financing?

BaFin may prohibit you from acquiring or increasing the significant shareholding if

  • either the documents submitted are incomplete, incorrect or do not meet the requirements of the Holder Control Regulation
  • or if there are facts indicating that the statutory verification criteria are not met.

Source: Zuständigkeitsfinder Thüringen (Linie6PLus)

Competent Authority

Bundesanstalt für Finanzdienstleistungsaufsicht (BaFin)

Address
Graurheindorfer Straße 108
53117 Bonn, Stadt
Remark: Address Bonn
Link to the directions:
Anfahrt

Postal address
Post office box 1253
53002 Bonn, Stadt

Address
Marie-Curie-Straße 24-28
60439 Frankfurt am Main
Remark: Address Frankfurt am Main
Link to the directions:
Anfahrt

Postal address
Post office box 500154
60306 Frankfurt am Main
Telephone
+49 228 4108-0
Fax
+49 228 4108-1550
E-Mail
Contact us
Remark: General
E-Mail
Contact us
Remark: with qualified electronic signature
E-Mail
Contact us
Remark: especially for appointment notices regarding supervisory and administrative board members
DE-Mail
poststelle@bafin.de-mail.de
Transport connection
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Further Authorities