Agreements in master-feeder structures

(1) The capital management company of the domestic master fund must make available to the management company of the feeder fund all documents and information that it needs in order to satisfy the requirements for a feeder fund under this Act or under the provisions of the feeder fund's home State enacted to implement Directive 2009/65/EC. The two management companies must conclude an agreement on this under Articles 8 to 14 of Directive 2010/44/EU (master-feeder agreement). Where the master fund and the feeder fund are managed by the same capital management company, the agreement may be replaced by internal rules of conduct for business activities, having regard to the content named in Articles 15 to 19 of Directive 2010/44/EU.
(2) Where different depositaries have been engaged for the master fund and the feeder fund, they must conclude an agreement under Articles 24 to 26 of Directive 2010/44/EU on the exchange of information, in order to ensure that both fulfil their duties (depositary agreement).
(3) Where different auditors have been appointed for the master fund and the feeder fund, they must conclude an agreement under Articles 27 and 28 of Directive 2010/44/EU on the exchange of information and the duties under section 173(6), first to third sentence, in order to ensure that both auditors fulfil their duties (auditor agreement).