(1) The AIF capital management company may acquire, for the account of a mixed investment fund, only: 1. assets under sections 193 to 198, 2. units or shares in a) domestic AIF under sections 218 and 219, and units in comparable EU or foreign AIF, b) domestic AIF under sections 220 to 224, and units in comparable EU or foreign AIF.
(2) Units or shares under subsection (1), point 2, letter a, may be acquired only insofar as the retail AIF may, under the investment conditions, invest a total of no more than 10 percent of the value of its assets in units in other investment funds. Units or shares under subsection (1), point 2, letter b, may be acquired only insofar as the retail AIF may not, under the investment conditions, invest in units or shares in other investment funds.
(3) Subsection (2) does not apply to units or shares in other domestic, EU, or foreign retail AIF within the meaning of section 196, or to units or shares in special AIF that, under the investment conditions, may invest exclusively in the following assets: 1. bank balances, 2. money market instruments, 3. securities eligible as collateral for the lending operations named in Article 18.1 of the Protocol on the Statute of the European System of Central Banks and of the European Central Bank of 7 February 1992 (Federal Law Gazette 1992 II p. 1299) by the European Central Bank or the Deutsche Bundesbank, or for which admission is applied for under the issue terms, insofar as the admission takes place within one year of their issue.
(4) Where the AIF capital management company is permitted, under the investment conditions, to acquire, for the account of the mixed investment fund, units or shares under subsection (1), point 2, letter b, section 225(3) and (4), second and third sentence, section 228(1), and section 229(2), apply correspondingly.
(5) The AIF capital management company may invest, in total, only up to 10 percent of the value of the investment fund in units or shares under subsection (1), point 2, letter b. In accordance with section 207(1), the AIF capital management company may invest, in total, only up to 20 percent of the value of the investment fund in units or shares in a single investment fund under section 196(1), first and second sentence; section 207(2) does not apply.
(6) The AIF capital management company may exceed the limits determined in section 209 for a securities-index UCITS investment fund, where, under the investment conditions, the selection of the securities to be acquired for the mixed investment fund is directed at replicating, while maintaining an appropriate risk diversification, a particular securities index generally recognised and recognised by the Federal Institute. Section 209(1), second sentence, applies correspondingly.
Subdivision 3
Other Investment Funds