Protection of designations

(1) The designations "capital management company" (Kapitalverwaltungsgesellschaft), "investment fund" (Investmentvermögen), "investment fund" (Investmentfonds), or "investment company" (Investmentgesellschaft), or a designation containing these terms, may be used in a firm name, as an addition to a firm name, to describe a business purpose, or for advertising purposes, only by management companies within the meaning of this Act. The designations "Investmentfonds" and "Investmentvermögen" may also be used by distribution companies that distribute units of investment funds that may be distributed in accordance with this Act. The designations "Investmentfonds", "Investmentvermögen", and "investment company" (Investmentgesellschaft) may also be used by externally managed investment companies.
(2) The designation "Investmentaktiengesellschaft" (investment stock corporation) may be used only by investment stock corporations within the meaning of sections 108 to 123 or sections 140 to 148.
(3) The designation "Investmentkommanditgesellschaft" (investment limited partnership) may be used only by investment limited partnerships within the meaning of sections 124 to 138 or sections 149 to 161.
(4) EU management companies may, for carrying out their activity within the scope of this Act, use the same general designations that they use in their home member state. The Federal Financial Supervisory Authority (Bundesanstalt) may prescribe an explanatory addition to the designation where there is a risk of confusion.
(5) Sections 42 and 43 of the Banking Act apply correspondingly.