Exceeding investment limits

(1) The limits determined in sections 198, 206, and 210 may be exceeded where this concerns the acquisition of shares accruing to the domestic UCITS on a capital increase from company funds, or the acquisition of new shares in the exercise of subscription rights from securities belonging to the domestic UCITS.
(2) Where the limits determined in sections 206 to 210 are exceeded in the cases of subsection (1), or unintentionally by the UCITS capital management company, the UCITS capital management company must, in its sales for the account of the domestic UCITS, pursue as a priority objective the restoration of compliance with these limits, insofar as this is not contrary to the interests of investors.
(3) The limits determined in sections 206 to 209 may be exceeded, having regard to the principle of risk diversification, during the first six months following the establishment of a domestic UCITS, and, by the receiving domestic UCITS, following the completion of a merger.
(4) Where a UCITS capital management company activates the side-pocketing of illiquid investments by separating the assets, the separated assets may be excluded from the calculation of the upper limits laid down in this Division.