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Section 266

Investment conditions

(1) The investment conditions, according to which 1. the legal relationship of the investment stock corporation with fixed capital to its investors is determined, in conjunction with the articles of association of the retail investment stock corporation, or 2. the legal relationship of the closed-ended retail investment limited partnership to its investors is determined, in conjunction with the partnership agreement of the closed-ended retail investment limited partnership, must be recorded in text form before the units or shares are issued.
(2) The investment conditions must, in addition to the designation of the closed-ended retail AIF, the statement of the name and seat of the AIF capital management company, and the particulars named in section 162(2), points 5 to 7 and 9 to 14, contain at least the following particulars and specifications: 1. the particulars in section 162(2), point 4, insofar as return rights are granted to investors, and 2. the States, and the respective proportion of the closed-ended retail AIF that may at most be invested in these States, where an AIF capital management company acquires, for a closed-ended retail AIF, assets located outside a State party to the Agreement on the European Economic Area. Section 162(2), point 1, applies with the proviso that, instead of the particulars of which assets may be acquired and to what extent, the AIF capital management company must specify, in the investment conditions, in which assets, and to what extent, investment is made for the closed-ended retail AIF.

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