Examination of the merger; power to issue statutory instruments

(1) The depositaries of the transferring collective investment fund and the receiving collective investment fund or EU UCITS must verify whether the particulars under section 184, third sentence, points 1, 6, and 7, are consistent with the requirements of this Act and the investment conditions of the respective collective investment fund.
(2) The merger must be examined either by a depositary, by an auditor, or by the auditor of the transferring collective investment fund or of the receiving collective investment fund or EU UCITS. The examination must conclude with a statement as to whether, in the merger, 1. the criteria decided upon for valuing the assets and, where applicable, the liabilities at the time of calculating the exchange ratio, have been observed, 2. the cash payment, where a cash payment is made, has been calculated per unit in accordance with the arrangements made, and 3. the method decided upon for calculating the exchange ratio has been observed, and the actual exchange ratio has been calculated according to this method as at the date to which the calculation of this exchange ratio relates. Section 318(3) to (8) and sections 319, 319b, and 323 of the Commercial Code apply correspondingly.
(3) 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 timing of the examination, the content of the examination, and the scope and presentation of the audit report, insofar as this is necessary for the performance of the Federal Institute's tasks. The Federal Ministry of Finance may transfer this power by statutory instrument to the Federal Institute.