Prerequisites
If you want to establish a stock exchange, you must meet the following requirements:
The stock exchange must generally be organized as a legal entity, either as a public limited company (AG) or a limited liability company (GmbH).
They demonstrate that the stock exchange has sufficient financial resources to ensure its operation and to cover potential risks.
They have a reliable and professionally qualified management team. This team oversees the operation of the stock exchange. The individuals in management have not been convicted of any specific criminal offenses.
They have created a set of rules for the stock exchange that defines the conditions for trading, the admission of securities, and the rules of conduct for market participants.
These regulations were approved by the stock market regulator.
The stock exchange has a powerful technical infrastructure that enables secure and efficient trading and ensures the monitoring of transactions.
Safeguarding systems are in place to ensure the compensation of losses and the maintenance of market integrity, for example through deposit guarantee schemes or risk management systems.
All legal requirements, in particular those of the Stock Exchange Act (BörsG), are complied with. This includes, among other things, the protection of investors and market transparency.
Documents required
- Fully completed application form for permission to establish a stock exchange
- Detailed business plan describing the planned structure and operation of the stock exchange, including the intended market segments, the products traded (for example, securities or commodities), the target group, and the long-term corporate goals.
- a comprehensive set of rules that defines the framework for trading on the stock exchange; this includes:
- Admission rules for securities,
- Rules of conduct for market participants,
- Monitoring and sanction mechanisms for rule violations.
- Documents that prove the legal form of the stock exchange, such as the articles of association, the statutes or the extract from the commercial register.
- Evidence of the stock exchange's financial resources to demonstrate that sufficient funds are available for operation and risk coverage; this can include balance sheets, financing plans, or proof of capital.
- Documents relating to the management of the stock exchange, including:
CVs and proof of the management's qualifications, certificates of good standing, for example, police clearance certificates or proof of reliability
- detailed description of the technical infrastructure used for stock exchange operations, including information on trading systems, security technologies and monitoring systems
- Documentation on the planned safeguarding systems, such as deposit insurance, clearing and settlement systems, to protect against potential losses of market participants.
Procedure:
A description of the procedures involved in the approval and monitoring of securities and market participants.
Operational processes and compliance:
Evidence of internal operating procedures and compliance measures that ensure the exchange meets legal requirements.
Please note
- If the stock exchange does not commence operations within one year, the permit expires.
- The stock exchange supervisory authority may subsequently impose conditions on the permit or also
lift.
Deadlines
Once the permit has been granted, you have one year to set up the exchange, otherwise the permit expires.