Topic Measures Maier + Partner Aktiengesellschaft: BaFin threatens coercive fines
On 15 January 2018 BaFin ordered Maier + Partner Aktiengesellschaft to comply with the financial reporting requirements pursuant to sections 37v et seq. (new: sections 114 et seq.) of the Securities Trading Act (Wertpapierhandelsgesetz – WpHG) and threatened coercive fines in the amount of EUR 282,500.
Maier + Partner Aktiengesellschaft offended against the financial reporting requirements pursuant to sections 37v (1) sentences 2 and 3 as well as 37w (1) (new: sections 114 (1) sentences 2 and 3 as well as 115 (1)) of the WpHG. The legal basis for the order and the threat of coercive fines are section 4 (2) sentence 1 (new: section 6 (2) sentences 1 and 2) of the WpHG in conjunction with section 17 (1) of the Act Establishing the Federal Financial Supervisory Authority (Finanzdienstleistungsaufsichtsgesetz - FinDAG) and with sections 6 (1), 7 (1), 11 (1), 13 of the Act on Administrative Enforcement (Verwaltungsvollstreckungsgesetz - VwVG).
The order is enforceable but not yet final and conclusive.