[eu]cite

Home› Securities & Investment Funds› KAGB (EN)

Section 313a

Revocation of the marketing of UCITS in other States party to the Agreement on the European Economic Area

(1) The UCITS management company may revoke the marketing of units or shares, including, where applicable, of unit classes, in a State for which a notification under section 312 has been made, provided that all of the following conditions are satisfied:
1. a blanket offer has been made to redeem, free of charge, all relevant units or shares held by investors in that State, publicly available for a period of at least 30 working days and addressed individually — directly or through financial intermediaries — to the investors in that Member State whose identity is known;
2. the intention to cease the marketing of these units or shares in that State has been made known by means of a generally available medium, including electronic means, that is customary for the marketing of UCITS and suitable for a typical UCITS investor;
3. contractual arrangements with financial intermediaries or representatives have been amended or terminated with effect from the date of revocation, to prevent any new or further direct or indirect offering or placement of the units or shares named in the notification under subsection (2). The offers and notices named in the first sentence, points 1 and 2, contain a clear description of the consequences for investors if they do not accept the blanket offer to redeem their units or shares.
(2) The information named in subsection (1), first sentence, points 1 and 2, is provided in the official language, or one of the official languages, of the State for which a notification under section 312 has been made by the UCITS management company, or in a language approved by the competent authorities of that State. From the date named in subsection (1), first sentence, point 3, the UCITS management company refrains from any new or further direct or indirect offering or placement of its revoked units or shares in that State.
(3) The UCITS management company transmits a notification containing the information named in subsection (1), first sentence, to the Federal Institute.
(4) The Federal Institute examines whether the notification transmitted by the UCITS management company is complete. No later than 15 working days after receipt of a complete notification, the Federal Institute forwards this notification to the competent authorities of the State named in the notification under subsection (3), and to the European Securities and Markets Authority. The Federal Institute informs the UCITS management company without delay of the forwarding of the notification under this subsection.
(5) The UCITS management company provides the investors who maintain their investments in the UCITS, and the Federal Institute, with the information under section 312(1), third sentence. Section 312(2) and (3) applies correspondingly. For the purposes of informing investors under the first sentence, the UCITS management company may use electronic or other means of distance communication; from the date of the revocation of marketing, section 313 no longer applies to the units or shares affected by the revocation of marketing.
(6) The Federal Institute transmits to the competent authorities of the State named in the notification under subsection (3) particulars of any change to the documents named in section 312(1).

←→ also move between sections