Notification duties

(1) The AIF capital management company informs the Federal Institute where the proportion of the voting rights of the non-listed company held by the AIF reaches, exceeds, or falls below the thresholds of 10 percent, 20 percent, 30 percent, 50 percent, and 75 percent, by acquisition, sale, or holding of shares in the non-listed company.
(2) Where an AIF, alone or jointly with other AIF, acquires control over a non-listed company under section 287(1) in conjunction with section 288(1), the AIF capital management company informs the following bodies of the acquisition of control:
1. the non-listed company,
2. the shareholders, insofar as their identity and address
a) are available to the AIF capital management company,
b) can be made available to it by the non-listed company, or
c) can be made available to it through a register to which the AIF capital management company has access or can obtain access, and
3. the Federal Institute.
(3) The notification under subsection (2) contains the following additional particulars:
1. the resulting situation with regard to voting rights,
2. the conditions under which control was acquired, including the names of the individual shareholders involved, the natural or legal persons authorised to vote on their behalf, and, where applicable, the chain of undertakings through which the voting rights are actually held,
3. the date on which control was acquired.
(4) In its notification under subsection (2), point 1, the AIF capital management company requests the management board of the company to inform, without delay, either the employee representatives or, where there are no such representatives, the employees themselves, of the acquisition of control by the AIF and of the information under subsection (3). The AIF capital management company must use its best endeavours to ensure that the management board duly informs either the employee representatives or, where there are no such representatives, the employees themselves.
(5) The notifications under subsections (1), (2), and (3) must be made as promptly as possible, but no later than ten working days after the day on which the AIF reached, exceeded, or fell below the relevant threshold, or acquired control over the non-listed company.