Eternity Law International — News — What doesn’t BaFin do?

What doesn’t BaFin do?

Published:
November 2, 2022

The Federal Financial Supervisory Authority, better known by its abbreviation BaFin, oversees banking institutions, FSPs, private insurance firms, and securities dealers. This authority is also in charge of ensuring consumer security in these fields. But there are certain legit restrictions to the extent to which BaFin is mandated to help customers. Figure out the sectors which BaFin is not able to deal with and who to reach out instead here.

Oversight of insurance undertakings

In terms of insurances, BaFin supervises solely private ones. So, if you have any questions in the respect of care insurance, it is advisable to contact to Federal Office for Social Security.

Legal restrictions to data from BaFin

There is a plethora of issues that BaFin is not permitted to answer for legal reasons. For example, BaFin may not give any advice and exclusively in rare cases is BaFin eligible to make warnings to consumers about certain companies. This authority cannot tell you where to get the loans with the most favorable terms. Also, there will be no pieces of advice as to which securities you should buy or not.

Consumers often communicate with BaFin aiming to clarify whether their funds are safe with a certain firm or insurance or whether a company can be trusted. Again, BaFin may not recommend and give value judgments in such cases. What it is allowed to disclose the data on is whether a company holds authorization from BaFin and which guarantee structures are available for banking institutions or insurances.

Who can answer your questions if not BaFin?

We prepared a brief list of people and organizations able to assist with questions that BaFin is not allowed to answer for legal reasons.

  • Do comparative analyses before using products: One of the organizations delivering data on a number of the above questions that go beyond the BaFin remit is Stiftung Warentest. It offers comparative analyses of different financial goods. Consumer centers also give personal recommendations.
  • Report on false statements in marketing: Any complaints in terms of the promotion of FSPs may be sent to the Center for Protection against Unfair Competition.
  • Support in case of financial troubles: If you are at risk of financial obstacles or if you are already having them, a debt advice center may be able to give a helping hand. However, it is important to be careful to make sure that any organization you may contact about your problems has a good reputation.
  • What if I need a legal practitioner: If you are engaged in a legal dispute, you should look for legal advice. If your financial situation is not sufficient to do this, you can claim assistance under the Legal Advice Scheme Act.
  • Contact your insurance advisers: If you require advice in detail on insurance, you can contact an insurance adviser. It is essential to ensure that this specialist has authorization to run their activities. Also, be mindful that advisers are not mandated to operate as insurance agents as they must be independent of insurances.

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