Notification duty of a foreign AIF management company whose reference Member State is the Federal Republic of Germany on the intended marketing of EU AIF or domestic special AIF to semi-professional and professional investors domestically

(1) Where a foreign AIF management company whose reference Member State is the Federal Republic of Germany under section 56, and which has received a licence from the Federal Institute under section 58, intends to market units or shares in an EU AIF or domestic special AIF managed by it to semi-professional or professional investors within the scope of this Act, it must notify the Federal Institute of this. Section 321(1), second sentence, applies correspondingly, with the proviso that "AIF capital management company" is replaced by "foreign AIF management company".
(2) Section 321(2) to (4) applies correspondingly, with the proviso that 1. "AIF capital management company" is replaced by "foreign AIF management company", 2. in the course of section 321(3), the Federal Institute additionally informs the European Securities and Markets Authority that the foreign AIF management company may commence the marketing of units or shares of the notified AIF to professional investors domestically, and 3. in the case of permissible changes under section 321(4), the Federal Institute informs the European Securities and Markets Authority without delay, insofar as the changes relate to the cessation of marketing of particular AIF or of additionally marketed AIF.