(1) Where a UCITS management company intends to market units in a UCITS within the scope of this Act, or an AIF management company intends to market units in an AIF to retail investors within the scope of this Act, it must provide a facility that 1. processes subscription, payment, redemption, and conversion orders from investors for units of the UCITS or AIF in accordance with the conditions laid down in the sales documents named in section 297(4), first sentence; 2. informs investors of how the orders named in point 1 may be placed and how redemption proceeds are paid out; 3. facilitates access to procedures and arrangements under section 28(2), point 1, with regard to the exercise of investor rights arising from investments in UCITS within the scope of this Act, and informs investors of this, or informs them of the exercise of investor rights arising from investments in AIF within the scope of this Act; 4. provides investors with the sales documents named in section 297(4), first sentence, and with the documents and information named in section 298(1), section 299(1) to (3) and (4), second to fourth sentences, section 300(1), (2), and (4), and section 301, for inspection and for making copies; 5. makes relevant information about the tasks performed by the facility available to investors on a durable medium, and 6. acts as a contact point for communication with the Federal Institute.
(2) The tasks named in subsection (1) may also be performed by, or together with, a third party subject to the rules and to the supervision applicable to the tasks to be performed. Where the tasks are to be performed by a third party, the appointment of that third party is agreed in a written contract specifying 1. which of the tasks named in subsection (1) are not to be performed by the management company, and 2. that the third party will receive all relevant information and documents from the management company.
(3) The management company must ensure that the facility is able to perform the tasks named in subsection (1) in German and also electronically. A physical presence, or the appointment of a third party, for the purposes of subsection (1) is not necessary.
Subdivision 3
Provisions on the Marketing and Acquisition of AIF in relation to Semi-Professional and Professional Investors