Notification duty

(1) Where a UCITS capital management company or an EU UCITS management company intends to market units or shares in a domestic UCITS managed by it in another Member State of the European Union or in another State party to the Agreement on the European Economic Area, it must notify the Federal Institute of this with a notification letter under Annex I to Implementing Regulation (EU) 2024/910. The notification must be drawn up in a language customary in international financial circles, unless it has been agreed that it is drawn up in one of the official languages of both Member States. The notification must be accompanied, in each case in the version in force, by: 1. the investment conditions and, where applicable, the articles of association, the sales prospectus, and the most recent annual report and the subsequent half-yearly report, 2. the key information document under Regulation (EU) No 1286/2014, or the key investor information under section 166, 3. the particulars required for the invoicing or notification of any applicable official fees or charges by the competent authorities of the host State, including the address, and particulars of the facilities responsible for performing the tasks named in section 306a(1).
(2) The documents to be enclosed under subsection (1), third sentence, point 1, must be translated either 1. into the official language of the host State, 2. into one of the official languages of the host State, 3. into a language accepted by the competent authorities of the host State, or 4. into a language customary in international financial circles.
(3) The key information document under Regulation (EU) No 1286/2014, or the key investor information, must be submitted in the official language, or one of the official languages, of the host State, or in a language accepted by the competent authorities of the host State. The UCITS capital management company or the EU UCITS management company is responsible for the translation; the translation must correctly and completely reproduce the content of the original information.
(4) The Federal Institute examines whether the documents transmitted under subsection (1) are complete. It requests any missing particulars and documents within ten working days, as a supplementary notification. The supplementary notification must be submitted to the Federal Institute within six months of the notification, or of the most recent supplementary notification, being made; otherwise, transmission of the notification under subsection (5) is excluded. The period under the third sentence is a preclusive period. A fresh notification is possible at any time.
(5) No later than ten working days after receipt of the complete notification by the Federal Institute, it transmits this notification, together with a certificate under Annex VI to Implementing Regulation (EU) 2024/910 that it is a domestic UCITS, to the competent authorities of the host State. The notification letter and the certificate must be transmitted to the competent authorities of the host State in a language customary in international financial circles, unless it has been agreed that they are drawn up in one of the official languages of both Member States. The Federal Institute immediately notifies the UCITS capital management company or the EU UCITS management company of the transmission. The UCITS capital management company or the EU UCITS management company may place its units or shares on the market in the host State from the date of this notification. The detailed content, form, and design of the notification procedure are governed by Articles 1 and 2 of Implementing Regulation (EU) 2024/910.
(6) Without prejudice to the notification under subsection (1), the Federal Institute issues, on application by the UCITS capital management company or the EU UCITS management company, a certificate under Annex VI to Implementing Regulation (EU) 2024/910 that the provisions of Directive 2009/65/EC are satisfied.
(6a) In the case of a change to the arrangements for marketing named in the notification letter transmitted under subsection (1), first sentence, or a change to the unit classes to be marketed, the UCITS management company informs the Federal Institute and the competent authorities of the host State of this at least one month before the change is implemented. Where the UCITS management company would, as a result of a change named in the first sentence, infringe the provisions of this Act, the Federal Institute informs the UCITS management company, within 15 working days of receipt of all information named in the first sentence, that it may not implement the change. In this case, the Federal Institute informs the competent authorities of the host State of the UCITS management company accordingly.
(6b) Where a change named in subsection (6a), first sentence, is implemented after the communication of the information under subsection (6a), second sentence, and the UCITS management company thereby now infringes the provisions of this Act, the Federal Institute takes appropriate measures, including, where necessary, a prohibition of the marketing of the UCITS, and informs the competent authorities of the host State of the UCITS management company without delay of the measures taken.