Regulations
Legal basis for banking supervision – a list of the key regulations relating to the Deutsche Bundesbank's supervisory activities.
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The Regulation Governing Large Exposures and Loans of €1 Million or More (Large Exposures Regulation) contains supplementary requirements to the large exposure rules. Since 1 January 2014, these rules have mainly been set out in Part 4 of Regulation (EU) No 575/2013 (Capital Requirements Regulation, or CRR).
The Large Exposures Regulation is itself divided into four parts.
Part 1 (Supplementary rules for large exposures) contains rules on the exemptions of certain exposures from application of the large exposure limit pursuant to Article 395 (1) of CRR which can be made on the basis of the options pursuant to Article 493 (3) of CRR (options for member states). Aside from this, Part 1 also elaborates on the decision-making requirements of senior managers, on the reporting of trading book positions as well as on master data reports of large exposure borrowers and the master data acknowledgement.
Part 2 (Provisions governing loans of €1 million or more) contains supplementary provisions to section 14 of the German Banking Act (Kreditwesengesetz) concerning the recording, measurement and reporting of loans of €1 million or more.
Part 3 covers the notification pursuant to section 14 (2) sentence 1 of the Banking Act and Part 4 contains the transitional provisions currently in place. The authority to issue the Large Exposures Regulation is found in section 13 of the Banking Act for the "large exposures" section and in section 22 of the Banking Act for the "loans of €1 million or more" section.
Text of the Regulation
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Further information
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The rules previously contained in the Solvency Regulation requiring institutions to maintain adequate capital to cover credit, market and operational risk are now mostly governed by the directly applicable Capital Requirements Regulation (CRR). The Solvency Regulation was therefore recast and shortened considerably. Amongst other things, the recast Solvency Regulation contains procedural rules on the application and notification obligations set forth in the CRR, particularly those dictating the format of notifications and reports and the manner in which they are submitted to the supervisory authorities.
The CRR grants national authorities a degree of discretion with regard to a number of provisions. The Solvency Regulation chiefly uses this scope for the internal approaches to calculating capital requirements. This notably relates to the implementing legislation governing the approval processes for internal ratings-based (IRB) approaches, market risk models, internal models used for calculating counterparty risk as well as advanced measurement approaches (AMAs) for operational risk. The rules were worded in such a way that the existing Solvency Regulation legislation fleshing out the CRD version that is currently in force will remains unchanged, as far as possible.
The Solvency Regulation also specifies what criteria mortgage lending values must meet to be eligible under the CRR, as the CRR allows the mortgage lending value of immovable property to be used for calculating the risk weights of exposures secured by mortgages only in those member states that have laid down rigorous criteria for the assessment of the mortgage lending value in statutory or regulatory provisions.
Furthermore, the new Solvency Regulation specifies a number of provisions for the calculation of the new capital buffers.
Text of the Regulation
in German only
Further information
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The Holder Control Regulation fleshes out the statutory reporting obligations contained in section 2c of the Banking Act for persons (proposed acquirers) who intend to acquire a significant holding in an institution or to increase the amount of an existing significant holding such that the thresholds of 20%, 30% or 50% are reached or exceeded or that the institution comes under their control.
A significant holding is established through the direct or indirect holding of at least 10% of an institution's capital or voting rights or another means of exercising a significant influence over the management of the target entity (section 1 (9) of the Banking Act, Article 4 (1) number 36 of Regulation (EU) No 575/2013 (Capital Requirements Regulation, or CRR)).
The proposed acquirer must report their intention in writing to the Federal Financial Supervisory Authority (BaFin) and the Deutsche Bundesbank without delay using an official form (annex to the Holder Control Regulation) and accompanied by numerous other documents and declarations. The Holder Control Regulation contains specific details of the disclosures, declarations and documents that have to be submitted.
BaFin has also published a Guidance Notice on holder control specifying the material requirements in more detail.
Text of the Regulation
in German only
BaFin Guidance Notice
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The Reports Regulation sets out more detailed specifications (type, scope, timing) for all reporting and submission requirements contained in the Banking Act, where these are not specified in another regulation.
Reporting obligations concerning material staff, legal, organisational or business changes at the supervised institutions form part of off-site supervision and ensure that BaFin and the Bundesbank receive information promptly.
Besides the reports specified in the key standard for reporting, section 24 of the Banking Act (eg reports about senior management, reports about an institution’s major participating interests in its own institution), the Reports Regulation contains more detailed instructions for other reporting obligations outlined in the Banking Act, for example those arising from the establishment of a branch and provision of cross-border services in another EEA state (section 24a (1), (3) and (4) of the Banking Act), or the submission of an application for authorisation (section 32 (1) of the Banking Act).
Where specific reporting obligations require the use of forms, these are contained in an annex to the Reports Regulation.
Text of the Regulation
in German only
Forms for prudential reports
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The Remuneration Regulation for Institutions expands on Section 25a (1) sentence 3 number 6 of the Banking Act, which requires institutions to have suitable and transparent remuneration systems for management and employees geared to the institutions’ sustainable development. The moral hazard created by flawed remuneration policies may put at risk not only the stability of individual enterprises, but also financial stability in general. The purpose of the Remuneration Regulation for Institutions is to align remuneration more closely to companies’ long-term success.
The Regulation, which entered into force in December 2013, was last amended with effect from 18 February 2023 by the Fourth Regulation amending the Remuneration Regulation for Institutions of 14 February 2023. This amended version contains the final implementation of the 2019 amendments to the European Capital Requirements Directive (CRD V).
On 13 June 2024 BaFin published FAQs on the Remuneration Regulation for Institutions. These replace BaFin’s previous interpretation guide.
Text of the Regulation
External link
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The Remuneration Regulation for Investment Institutions (Wertpapierinstituts-Vergütungsverordnung – WpIVergV) implements the European provisions set out in the Investment Firms Directive (IFD) regarding the remuneration systems of medium-sized investment institutions and thus specifies the requirements of Section 46 of the Investment Institutions Act (Wertpapierinstitutsgesetz). Specifically, the Regulation stipulates requirements for remuneration systems exclusively for employees in medium-sized investment institutions whose professional activities have a significant impact on the firm’s risk profile (i.e. risk takers).
The Regulation came into force on 12 January 2024.
Text of the Regulation
in German only
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Since the first version was issued in 1998, the Audit Report Regulation has governed the specific duties of external auditors when preparing the annual audit reports pursuant to sections 26 and 29 of the Banking Act. It defines supervisory requirements relating to auditing and contains rules on the nature and scope of reporting, amongst other things. It was last revised in 2015.
Text of the Regulation
in German only
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The Financial and Internal Capital Adequacy Information Regulation (FinaRisikoV) introduced quarterly reporting obligations for the reporting of financial information for all credit institutions since 2014, (initially in the form of the Financial Information Regulation (Finanzinformationenverordnung).
In particular, the reporting obligations relate to information about the earnings position, planned earnings and hidden reserves or losses in lending business. The reports are based on the accounting rules set out in the German Commercial Code (Handelsgesetzbuch). For financial services institutions and certain credit institutions, the rules contained in the former Monthly Returns Regulations (Monatsausweisverordnungen) continue to apply in the same form.
In the version adopted on 19 December 2014, the Financial Information Regulation was expanded by augmenting information about capital adequacy to form the FinaRisikoV. The amended version of 12 July 2018 introduces for financial information, in particular, reduced reporting requirements at group level and brings the submission deadlines into line with the harmonised submission deadlines for the ECB reporting regulations. Further information, including details on the introduction of amended reporting obligations, can be found here:
Text of the Regulation
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The Monthly Reports Regulation for the Payment Services Oversight Act governs the specific details of the monthly reports which all payment institutions and e-money institutions are required to prepare. The annex to the Regulation contains the relevant forms that payment institutions and e-money institutions should use to submit the required information to the Bundesbank, the deadline for which is the 15th business day of the following month.
Text of the Regulation
in German only
Further information
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The Reports Regulation for the Payment Services Oversight Act governs the specific details of the reports and documents to be submitted pursuant to the Payment Services Oversight Act, such as those concerning authorisation, changes to the actual and legal conditions, acquisitions and relinquishments, and any increase or decrease in significant interests. A single copy of the reports and documents to be submitted pursuant to the Payment Services Oversight Act must be filed with both BaFin and the responsible regional office of the Deutsche Bundesbank – subject to any deviating rules for specific reports. All relevant forms are available to payment institutions and e-money institutions in the annex to the Regulation.
Text of the Regulation
in German only
Further information
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In the interest of fulfilling its obligations, an institution within the meaning of the Payment Services Oversight Act must maintain an adequate level of capital at all times, ie the level of capital must meet the requirements of the Capital Regulation for Institutions Subject to the Payment Services Oversight Act at all times. Institutions within the meaning of the Payment Services Oversight Act are required to submit the information needed to review capital adequacy by the 15th business day of the calendar month following the reporting date; this must be submitted electronically to the Bundesbank. The submission procedure for this can be found on the Bundesbank's website. In addition, non-compliance with the capital requirement has to be reported to both BaFin and the Bundesbank without delay between reporting dates.
Text of the Regulation
in German only
Further information
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The Auditor's Report Regulation for Payment Institutions governs the timing and object of audits of institutions within the meaning of the Payment Services Oversight Act, the content of the audit reports, and the nature and scope of reporting. In particular, the scope of reporting must be consistent with the size of the payment institution, the complexity of the business conducted, and the riskiness. The Auditor's Report Regulation for Payment Institutions also takes into account the European rules in connection with preventing money laundering and the financing of terrorism.
Text of the Regulation
in German only
Further information
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The Regulation on the Accounting of Payment Institutions fleshes out the applicable accounting rules and applies in conjunction with the German Commercial Code for all institutions within the meaning of the Payment Services Oversight Act. The provisions of the Regulation are to be applied for the preparation of annual financial statements and management reports as well as consolidated financial statements and consolidated management reports.
Text of the Regulation
in German only
Further information
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The Regulation on the Accounting of Credit Institutions implemented the requirements of Council Directive 86/635/EEC of 8 December 1986 on the annual accounts and consolidated accounts of banks and other financial institutions (Bank Accounts Directive) in Germany on the basis of the provisions of section 330 of the German Commercial Code. The Regulation on the Accounting of Credit Institutions is currently available in the version of 17 July 2015; besides general rules concerning accounting at banks and financial services institutions, it particularly contains the templates for the bank-specific breakdown of the balance sheet and profit and loss account.
Text of the Regulation
in German only
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The Minimum Requirements for Risk Management (MaRisk) outline the precise requirements of section 25a (1) and section 25b (1) of the Banking Act and thus provide the framework by which German credit institutions should structure their risk management. The requirements which are currently in force are contained in BaFin Circular 09/2017 (BA).
Interest rate risk
Credit institutions are required to calculate, on a regular basis, the impact of a sudden and unexpected change in interest rates on their interest rate risk in the banking book and to report this to supervisors. The requirements which are currently in force are contained in BaFin Circular 9/2018 (BA).To ensure that adequate capital is held against interest rate risk in the banking book, BaFin issued a general administrative act on 23 December 2016. It is addressed to the credit institutions pursuant to Article 4 (1) number 1 of Regulation (EU) No 575/2013 (CRR) provided that they also fall within the scope of application of Circular 9/2018 (BA) and have not yet received a final and absolute decision on the quantity and composition of capital to be held as part of the Supervisory Review and Evaluation Process (SREP).
BaFin information
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BaFin circulars
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BaFin Administrative Act
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Further information
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The Regulation on the Minimum Requirements for the Design of Recovery Plans for Institutions (Verordnung zu den Mindestanforderungen an Sanierungspläne für Institute (Sanierungsplanmindestanforderungsverordnung, or MaSanV) was promulgated in the Federal Law Gazette on 31 March 2020 and entered into force on 1 April 2020.
The MaSanV details the requirements for the design of recovery plans (Section 2), the content of simplified requirements for recovery plans (Section 3), and the application process, conditions and the design of recovery plans by institutional protection schemes (Section 4). In addition to the MaSanV, recovery plans are also subject to requirements under the Resolution and Recovery Act (Sanierungs- und Abwicklungsgesetz, or SAG) and Commission Delegated Regulation (EU) 2016/1075.
In addition, BaFin has published an information notice on recovery planning. The notice explains the interplay between individual recovery plan requirements and contains guidance aimed at enhancing understanding of the requirements.
BaFin information
in German only
Further information
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