Subject matter of the merger; types of merger

(1) Special AIF may not be merged into retail investment funds, and retail investment funds may not be merged into special AIF. UCITS may be merged with AIF only where the receiving or newly established investment fund remains a UCITS.
(2) In addition to a merger by absorption and a merger by establishment of a new investment fund within the meaning of section 1(19), point 37, mergers of an EU UCITS into a UCITS collective investment fund, a UCITS investment stock corporation, or a sub-fund of a UCITS investment stock corporation may take place in accordance with the requirements of Article 2(1), letter p, point iii, of Directive 2009/65/EC.