Financial service providers and marketing organisations

It is not only companies seeking capital but also marketing organisations that must comply with the requirements of the Banking and Credit Business Act. If corporate stock, special dividend right certificates or, for example, investment share certificates are marketed, this marketing activity represents a financial service that is fundamentally subject to a licensing obligation. If a particular financial service provider has no licence in accordance with § 32 KWG and no exceptional circumstances apply to it, for the BaFin, there are grounds to assume that financial services are being rendered illicitly. If the BaFin becomes aware of circumstances justifying an assumption of this nature, it will immediately demand detailed information from those involved, so that it can assess the volume and nature of the business that is being conducted.