Scope of application

(1) Sections 287 to 292 apply to AIF capital management companies
1. that manage AIF whose aim, either alone or jointly on the basis of an agreement, is to acquire control under section 288(1) over a non-listed company;
2. that cooperate with one or more AIF capital management companies on the basis of an agreement under which the AIF managed by these AIF capital management companies acquire control under section 288(1) over a non-listed company.
(2) Sections 287 to 292 do not apply where the non-listed company is
1. a small or medium-sized enterprise within the meaning of Article 2(1) of the Annex to Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises, or
2. a special purpose vehicle for the acquisition, possession, or management of properties.
(3) Without prejudice to subsections (1) and (2), section 289(1) also applies to AIF capital management companies managing AIF that acquire a minority participation in a non-listed company.
(4) Section 290(1) to (3) and section 292 also apply to AIF capital management companies managing AIF that acquire control in relation to an issuer within the meaning of Article 2(1)(d) of Directive 2004/109/EC,
1. that has its registered seat in the European Union or in another State party to the Agreement on the European Economic Area, and
2. whose securities within the meaning of Article 4(1), point 21, of Directive 2014/65/EU are admitted to trading on an organised market within the meaning of section 2(11) of the Securities Trading Act. For the purposes of these sections, subsections (1) and (2) apply correspondingly.
(5) Sections 287 to 292 apply subject to the conditions and restrictions laid down in Article 6 of Directive 2002/14/EC.