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A Brexit would have noticeably farther-reaching consequences for German-based branches of UK financial companies. These branches currently operate in Germany under the European Passport, and do not therefore require a separate license in Germany. The lapsing of the European Passport would mean that the branches would no longer be authorized to conduct business in Germany. There are various options available to the branches if they wish to continue operating in Germany. For example, the branch could act purely as a representative office in Germany. In this case, however, the representative office would not be allowed to provide financial services or banking services. The branch could also apply to the German supervisory authorities for a license to offer the services previously provided, or for brokering services. Additionally, it would be possible to restructure the branch into a subsidiary of the British company, and to apply to the German supervisory authorities for a corresponding license for the subsidiary company. In this case, the German subsidiary could also engage in cross-border operations in other member states of the EU via the European Passport.
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