(1) Special collective investment funds may not be merged into retail collective investment funds, and retail collective investment funds may not be merged into special collective investment funds. Sections 184, 185, 189, and 190 apply correspondingly to special collective investment funds with the following provisos:
1. the particulars under section 184(1), third sentence, points 1 to 4, are not required in the merger plan;
2. with the consent of investors, an examination by the depositaries under section 185(1) may be dispensed with, but the entire merger process must be examined by the auditor;
3. notices, publications, or communications under section 189(4) are not required. Approval of the merger of special collective investment funds by the Federal Institute under section 182 is not required, but investors must consent to the merger after presentation of the merger plan.
(2) Subsection (1) applies correspondingly to the merger of
1. a special collective investment fund into a special investment stock corporation with variable capital, into an open-ended investment limited partnership, into a sub-fund of a special investment stock corporation with variable capital, or into a sub-fund of an open-ended investment limited partnership,
2. a sub-fund of a special investment stock corporation with variable capital into another sub-fund of the same investment stock corporation, and a sub-fund of an open-ended investment limited partnership into another sub-fund of the same investment limited partnership,
3. a sub-fund of a special investment stock corporation with variable capital, or a sub-fund of an open-ended investment limited partnership, into a sub-fund of another special investment stock corporation with variable capital or of another open-ended investment limited partnership,
4. a sub-fund of a special investment stock corporation with variable capital, or a sub-fund of an open-ended investment limited partnership, into a special collective investment fund.
(3) In the cases of the merger of a special investment stock corporation with variable capital, or of an open-ended investment limited partnership, into another special investment stock corporation with variable capital, into another open-ended investment limited partnership, into a sub-fund of a special investment stock corporation with variable capital, into a sub-fund of an open-ended investment limited partnership, or into a special collective investment fund, the provisions of the Conversion Act on mergers apply, insofar as nothing else follows from the correspondingly applicable section 182 in conjunction with subsection (1), third sentence, section 189(2), (3), and (5), and section 190.
(4) (repealed)
Subdivision 2
Special Provisions for General Open-Ended Domestic Special AIF