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

(1) The marketing of units or shares in foreign AIF to semi-professional or professional investors within the scope of this Act by a foreign AIF management company whose reference Member State is the Federal Republic of Germany under Article 37(4) of Directive 2011/61/EU is permissible only where the conditions named in section 322(1) are satisfied.
(2) 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 a foreign 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".
(3) Section 322(3), (4), first and second sentences, and (5) applies correspondingly, with the proviso that "AIF capital management company" is replaced by "foreign AIF management company".