(1) Where an EU UCITS management company or a UCITS capital management company intends to market units or shares in EU UCITS within the scope of this Act, the Federal Institute examines whether the competent authorities of the EU UCITS's home Member State have transmitted the following documents to the Federal Institute: 1. the notification letter under Annex I to Implementing Regulation (EU) 2024/910, 2. the certificate under Annex VI to Implementing Regulation (EU) 2024/910 that it is an EU UCITS, 3. the investment conditions or the articles of association of the EU UCITS, the sales prospectus, and the most recent annual report and the subsequent half-yearly report under Article 93(2)(a) of Directive 2009/65/EC, and 4. the key information document under Regulation (EU) No 1286/2014, or the key investor information named in Article 78 of Directive 2009/65/EC. Marketing may commence once the EU UCITS management company or the UCITS capital management company has been informed of this transmission by the competent authority of the EU UCITS's home Member State. The detailed content, form, and design of the notification procedure are governed by Articles 1 and 2 of Implementing Regulation (EU) 2024/910.
(2) The documents named in subsection (1), first sentence, point 3, must be submitted in German or in a language customary in international financial circles. The key information document under Regulation (EU) No 1286/2014, or the key investor information, named in subsection (1), first sentence, point 4, must be submitted in German. The EU UCITS management company or the UCITS capital management company is responsible for the translations; the content of the original information must be correctly and completely reproduced. The notification letter under subsection (1), first sentence, point 1, and the certificate under subsection (1), first sentence, point 2, must be submitted in a language customary in international financial circles, unless the Federal Institute and the competent authority of the home Member State have agreed that these may be transmitted in an official language of both Member States.
(3) In the course of the notification procedure, the Federal Institute does not require additional documents, certificates, or information not provided for in Article 93 of Directive 2009/65/EC.
(4) The EU UCITS management company or the UCITS capital management company must inform the Federal Institute without delay of any changes to the investment conditions or the articles of association, the sales prospectus, the annual report, the half-yearly report, and the key information document under Regulation (EU) No 1286/2014, or the key investor information under Article 78 of Directive 2009/65/EC, and must inform it without delay of where these documents are available in electronic form. The Federal Institute must state an email address to which updates and amendments to all documents named in the first sentence must be transmitted. When transmitting, the EU UCITS management company or the UCITS capital management company must describe the amendments or updates, or enclose an amended version of the relevant document as an attachment in a customary electronic format.
(5) Where information on the arrangements for marketing, or on the unit or share classes marketed, notified in the notification letter under Article 93(1) of Directive 2009/65/EC, is changed, the EU UCITS management company or the UCITS capital management company notifies the Federal Institute of this change in text form at least one month before the change is implemented.
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Section 310
Notification for the marketing of EU UCITS domestically
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