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Section 295b

Duties following revocation of cross-border marketing domestically

(1) Where the marketing of units or shares of an EU UCITS is revoked domestically, where applicable relating to one or more unit classes, the UCITS management company must, from the date of revocation, make available to the remaining investors the documents named in section 298(1), first sentence, points 1 to 4, the particulars named in section 298(1), first sentence, point 5, and the information named in section 298(1), second sentence, in each case in the current version. The documents and particulars named in section 298(1), first sentence, point 6, must further be made available. The information and documents named in section 298(1), first sentence, need not be published. The information and documents named in section 298(2) need not be transmitted by means of a durable medium, but may, with the exception of the issue prices named in section 298(1), first sentence, point 5, be made available to investors under subsection (4).
(2) Where the marketing of units or shares of an EU AIF or foreign AIF admitted to marketing domestically under section 320(2) is revoked, the EU AIF management company or the foreign AIF management company must, from the date of revocation, make available to the remaining investors the documents named in section 299(1), first sentence, points 1 to 4, and the information named in section 299(1), first sentence, point 5, (4), second and third sentences, section 300(1) and (2), and section 301, in each case in the current version. The information and documents named in the first sentence need not be published, and the information and documents named in section 299(5) in conjunction with section 298(2) need not be transmitted by means of a durable medium, but may, with the exception of the issue prices named in section 299(1), point 5, be made available to investors under subsection (4). Section 320(4) continues to apply correspondingly from the date of revocation, for as long as investors remain invested domestically.
(3) Where the marketing of units or shares of an AIF admitted to marketing domestically under section 323(2), first or second sentence, including in conjunction with Article 31 of Regulation (EU) 2015/760, section 329(1), or section 330(1), is revoked, the AIF management company must, from the date of revocation, make available to the remaining investors the documents named in section 307(1), first sentence, and in section 308(1) and (3), first sentence, and the information named in section 307(1), second sentence, under subsection (4), in each case in the current version. Section 329(2), point 2, and section 330(1), first sentence, point 1, letter b, and (2), third sentence, point 2, continue to apply correspondingly from the date of revocation, for as long as investors remain invested domestically.
(4) To inform investors under subsections (1) to (3), the management company may use any electronic or other means of distance communication, provided that the means of communication are available to the investor in the language in which the information is to be made available.

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