Merger plan

The representative bodies of the legal entities participating in the merger must draw up a common merger plan for the joint account of the investors of the transferring collective investment fund and the investors of the receiving collective investment fund or receiving EU UCITS. Insofar as different legal entities participate in the merger, this constitutes a contract to which section 311b(2) of the Civil Code does not apply. The merger plan must contain at least the following particulars:
1. the type of merger and the collective investment funds or EU UCITS involved,
2. the background to the planned merger and the reasons for it,
3. the expected effects of the planned merger on the investors of the transferring collective investment fund and of the receiving collective investment fund or EU UCITS,
4. the criteria decided upon for valuing the assets and liabilities at the time of calculating the exchange ratio,
5. the method for calculating the exchange ratio,
6. the planned transfer date on which the merger becomes effective,
7. the provisions applicable to the transfer of assets and the exchange of units, and
8. for a merger by establishment of a new fund under section 1(19), point 37, letter b, the investment conditions or the articles of association of the new collective investment fund or EU UCITS. Further particulars are permissible, but may not be required by the Federal Institute.