Notification duty of a foreign AIF management company whose reference Member State is not 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, under Article 37(4) of Directive 2011/61/EU, another Member State of the European Union or State party to the Agreement on the European Economic Area, is permissible only where the conditions named in section 322(1) are satisfied. Where the Federal Institute does not agree with the assessment, by the competent authority of the foreign AIF management company's reference Member State, of the conditions named in section 322(1), points 1 and 2, the Federal Institute may request assistance from the European Securities and Markets Authority under Article 19 of Regulation (EU) No 1095/2010.
(2) Where a foreign AIF management company intends to market units or shares in foreign 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 327(1), second sentence, applies correspondingly.
(3) Section 327(2) applies correspondingly.