Prospectus liability and liability for the key investor information

(1) Where the sales prospectus contains particulars that are materially significant for assessing the units or shares and that are incorrect or incomplete, the purchaser may demand, as joint and several debtors, from the management company, from those who, in addition to the management company, have taken responsibility for the sales prospectus or from whom the issue of the sales prospectus originates, and from the person who has sold these units or shares commercially in its own name, that they take over the units or shares against reimbursement of the amount paid by the purchaser. Where the purchaser is, at the time they became aware of the incorrectness or incompleteness of the sales prospectus, no longer the holder of the unit or share, they may demand payment of the amount by which the amount paid by them exceeds the redemption price of the unit or share or, failing that, the value of the unit or share at the time of disposal.
(2) Where particulars contained in the key investor information are misleading, incorrect, or inconsistent with the relevant passages of the sales prospectus, the purchaser may demand, as joint and several debtors, from the management company and from the person who has sold these units or shares commercially in its own name, that they take over the units or shares against reimbursement of the amount paid by the purchaser. Where the purchaser is, at the time they became aware of the defectiveness of the key investor information, no longer the holder of the unit or share, they may demand payment of the amount by which the amount paid by them exceeds the redemption price of the unit or share or, failing that, the value of the unit or share at the time of disposal.
(3) A company, a person, or the body that has sold the units or shares commercially in its own name cannot be held liable under subsection (1) or (2) where it proves that it was not aware of the incorrectness or incompleteness of the sales prospectus, or of the incorrectness of the key investor information, and that this lack of awareness was not due to gross negligence. The claim under subsection (1) or (2) does not exist where 1. the purchaser of the units or shares was aware of the incorrectness or incompleteness of the sales prospectus, or of the incorrectness of the key investor information, at the time of purchase, or 2. the units or shares were not acquired on the basis of the sales prospectus or the key investor information.
(4) Any person who commercially arranges the sale of the units or shares, or who has sold the units or shares in another's name, is also obliged to take over under subsection (1) or (2) where they were aware of the incorrectness or incompleteness of the sales prospectus, or of the incorrectness of the key investor information. This does not apply where the purchaser of the units or shares was also aware of the incorrectness or incompleteness of the sales prospectus, or of the incorrectness of the key investor information, at the time of purchase, or where the units or shares were not acquired on the basis of the sales prospectus or the key investor information.
(5) Where a sales prospectus was not published in breach of section 164(1), section 268(1), section 298(1), or section 299(1), the acquirer of a unit or share in an investment fund may demand from the offeror that they take over the units or shares against reimbursement of the acquisition price, insofar as this does not exceed the first acquisition price, and of the usual costs associated with the acquisition, provided that the acquisition transaction was concluded before publication of a sales prospectus and within two years of the first offering or placement of units or shares of this investment fund domestically. Where the acquirer is no longer the holder of the units or shares of the investment fund, they may demand payment of the difference between the acquisition price and the disposal price of the units or shares, together with the usual costs associated with the acquisition and the disposal. The claims under this subsection do not exist where the acquirer was aware, at the time of acquisition, of the duty to publish a sales prospectus.
(6) An agreement by which the claim under subsection (1), (2), (4), or (5) is reduced or waived in advance is ineffective. Further-reaching claims that may arise from the provisions of civil law on the basis of contracts or torts remain unaffected.