Minimum particulars in the sales prospectus

(1) Section 164(2) and section 165(1), (2), points 1 to 25 and 27 to 40 and 42, and (3) to (5) and (7) to (9), apply correspondingly to the sales prospectus of closed-ended retail AIF, with the proviso that the reference to sections 168 to 170, 212, 216, and 217 named in section 165(2), point 19, is replaced by a reference to sections 271 and 272, and the provisions, insofar as they relate to sub-funds, do not apply.
(2) In addition, the following information must be included in the sales prospectus:
1. for closed-ended retail AIF in the form of the closed-ended investment limited partnership, particulars of how the units may be transferred and in what way their free tradability is restricted;
2. where applicable, with regard to the trustee limited partner:
a) name and address, and, for legal persons, business name and seat;
b) its tasks and the legal basis of its activity;
c) its material rights and duties;
d) the total amount of the remuneration agreed for the performance of the tasks;
3. for closed-ended retail AIF investing in assets under section 261(1), point 2,
a) a description of the material characteristics of PPP project companies;
b) the types of PPP project companies that may be acquired for the closed-ended retail AIF, and the principles according to which they are selected;
c) a notice that investment may be made in participations in PPP project companies that are not admitted to trading on an exchange or included in trading on another organised market;
4. for closed-ended retail AIF investing in assets under section 261(1), point 9,
a) to what extent investment may be made in crypto-assets;
b) a description of the material characteristics of the crypto-assets acquirable for the closed-ended retail AIF;
5. for closed-ended retail AIF granting loans under section 261(1), point 10,
a) to what extent loans are granted;
b) a description of the principles according to which loans are granted.
(3) Insofar as it is already established in which specific investment objects within the meaning of section 261(1), point 1, investment is to be made, the following particulars of the investment objects must additionally be included in the sales prospectus:
1. a description of the investment object;
2. any not merely insignificant encumbrances in rem on the investment object;
3. legal or factual restrictions on the possible uses of the investment object, in particular with regard to the investment objective;
4. whether official approvals are required and to what extent these are available;
5. which agreements the capital management company has concluded concerning the acquisition or production of the investment object or material parts of it;
6. the name of the person or company that prepared a valuation report for the investment object, the date of the valuation report, and its result;
7. the anticipated total costs of the investment object in a breakdown showing, in particular, acquisition and production costs and other costs, and the planned financing in a breakdown showing equity and debt funds separately, each further broken down into bridge financing and final financing funds; for the equity and debt funds, the terms and maturities must be stated, and to what extent and by whom these have already been bindingly committed. Where it is not yet established in which specific investment objects investment is to be made, this must be stated in the sales prospectus.