Audit of the annual financial statements; power to issue statutory instruments

(1) The annual financial statements and the management report of the open-ended investment limited partnership must be audited by an auditor in accordance with the provisions of the Third Subdivision of the Second Division of Book Three of the Commercial Code.
(2) The allocation of profits, losses, contributions, and withdrawals to the individual capital accounts must be audited by the auditor, who must confirm their regularity.
(3) In the audit, the auditor must also establish whether the open-ended investment limited partnership has complied with the provisions of this Act and of the underlying partnership agreement and the investment conditions. In the audit, it must in particular establish whether the open-ended investment limited partnership has fulfilled the notification obligations under section 34(1), (3), points 1 to 3, 5, 7 to 11, (4) and (5), and section 35, and the requirements under sections 36 and 37, and the requirements under 1. Article 4(1), (2), and (3), second subparagraph, Article 4a and 9(1) to (4), and Article 11(1) to (10), (11), first subparagraph, and (12), of Regulation (EU) No 648/2012, 2. Articles 4 and 15 of Regulation (EU) 2015/2365, 3. Article 16(1) to (4), Article 23(3) and (10), and Article 28(2) of Regulation (EU) 2016/1011, 4. Article 28(1) to (3) of Regulation (EU) No 600/2014, 5. Articles 5 to 9, 18 to 27, and 43(5) and (6) of Regulation (EU) 2017/2402, 6. Articles 3 to 13 of Regulation (EU) 2019/2088, 7. Articles 5 to 7 of Regulation (EU) 2020/852, and 8. Articles 5 to 14, 17 to 19, 23 to 25, 28 to 30, and 45(3) of Regulation (EU) 2022/2554, including in conjunction with a delegated regulation under Article 15, 20, 28, or Article 30 of Regulation (EU) 2022/2554, and whether it has fulfilled its obligations under the Anti-Money Laundering Act. The auditor must report the result of this examination separately in the audit report. The report on the audit of the open-ended investment limited partnership must be submitted to the Federal Institute by the auditor on request. Section 29(3) of the Banking Act applies correspondingly, with the proviso that the duties regulated there towards the Deutsche Bundesbank do not apply. The Federal Institute may, without special occasion, carry out the examination under the first and second sentences itself or through agents, instead of the auditor. The open-ended investment limited partnership must be informed of this in good time.
(3a) Without prejudice to the auditor's special duties under subsections (2) and (3), the Federal Institute may also lay down, in relation to the open-ended investment limited partnership, provisions on the content of the examination to be taken into account by the auditor in the course of the audit of the annual financial statements. It may in particular determine focal points for the audits.
(4) The Federal Ministry of Finance is empowered, in agreement with the Federal Ministry of Justice and Consumer Protection, to issue, by statutory instrument not requiring the consent of the Bundesrat, further provisions on the subject matter of the examination under subsections (2) and (3), and on further content, scope, and presentation of the auditor's audit report, and on the manner of submission of the audit report to the Federal Institute, insofar as this is necessary for the performance of the Federal Institute's tasks, in particular in order to obtain uniform documentation for assessing the activity of the open-ended investment limited partnership. The Federal Ministry of Finance may transfer this power by statutory instrument to the Federal Institute.