Notification duty of a foreign AIF management company whose reference Member State is not 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, under Article 37(4) of Directive 2011/61/EU, a Member State of the European Union or a State party to the Agreement on the European Economic Area other than the Federal Republic of Germany, intends to market units or shares in EU AIF or domestic special AIF to semi-professional or professional investors within the scope of this Act, the Federal Institute examines whether the competent authority of the foreign AIF management company's reference Member State has transmitted the following: 1. a certificate issued by it concerning the licence of the relevant foreign AIF management company to manage AIF with a particular investment strategy, and 2. a notification letter for every notified AIF, in each case in a language customary in the international financial world. Section 321(1), second sentence, applies correspondingly to the content of the notification letter, including the required documentation and particulars, with the proviso that "AIF capital management company" is replaced by "foreign AIF management company", the precautions for the marketing of the notified AIF must be stated, and the Federal Republic of Germany must be named as the State in which units or shares of the notified AIF are to be marketed to professional investors.
(2) Marketing may commence once the foreign AIF management company has been informed of the transmission under subsection (1) by the competent authority of its reference Member State. Section 323(2), third sentence, and (3) applies correspondingly.