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Shareholder control (owner control)

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In most countries, owners of a significant stake in a bank are subject to supervision by the supervisory authorities; in Germany, this is governed by Section 2b of the German Banking Act (KWG). The aim of this provision is to ensure the solvency of the individual bank and, in addition, to counter risks to creditor protection and the functioning of the institutions. – In Germany, acquirers of a significant interest (shareholders, partners or others) who – directly or indirectly hold at least ten percent of the capital or voting rights of the institution or – can exercise a significant influence on its management must notify the supervisory authority without delay. The supervisory authority may prohibit the acquisition of the shareholding or the exercise of voting rights. – See acquirer, acting in concert, shareholder, more active, sneaking up on, arm’s length, registered share, shark watcher, sovereign wealth fund, voting rights disclosure, voting rights database, voting rights criterion, transparency directive, connection, close. – See BaFin Annual Report 2002, p. 54, BaFin Annual Report 2006, p. 127 f (prohibition orders; difficulties of control in the case of acquiring parties outside the EEA), BaFin Annual Report 2012, p. 130 f. (BaFin devotes special attention to smaller institutions operating at a loss), and the respective BaFin Annual Report, chapter „Supervision of Banks, Financial Service Providers and Payment Institutions.“

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University Professor Dr. Gerhard Merk, Dipl.rer.pol., Dipl.rer.oec.
Professor Dr. Eckehard Krah, Dipl.rer.pol.
E-mail address: info@ekrah.com
https://de.wikipedia.org/wiki/Gerhard_Ernst_Merk
https://www.jung-stilling-gesellschaft.de/merk/
https://www.gerhardmerk.de/

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