Information by means of a durable medium

(1) Where the use of a durable medium is provided for the transmission of information under this Act, the information must be transmitted electronically, insofar as the capital management company or the custody account-holding entity is aware of corresponding means of access for the respective investor.
(2) By way of derogation from subsection (1), in the cases under section 179(1), first sentence, (6), first sentence, section 180(1), second sentence, and (2), first sentence, section 186(3), third sentence, section 297(4), first sentence, and section 298(2), points 4 and 5, the use of a durable medium other than paper is permissible only where this is appropriate having regard to the circumstances under which the transaction is carried out, and the investor has expressly chosen this other form of transmitting information. Electronic transmission of information is regarded as appropriate, having regard to the circumstances under which the transaction is or is to be carried out, where the investor has provided an email address for the execution of this transaction.
(3) Insofar as the capital management company does not itself hold units or shares in custody, or cannot itself carry out the transmission of information, it must make the information available to investors' custody account-holding entities in an appropriate manner for transmission to investors. The custody account-holding entities must transmit the information to investors without delay after it is made available. The capital management company must reimburse the custody account-holding entity for the expenses it has incurred for reproducing communications and for using the durable medium to reach investors. Section 4(1), points 2 and 3, and (2) of the Intermediaries Expense Reimbursement Ordinance of 1 April 2025 (Federal Law Gazette 2025 I No. 104), as amended, applies correspondingly to the amount of the claim for reimbursement of expenses.