Revocation of the marketing of EU AIF or domestic AIF in other States party to the Agreement on the European Economic Area

(1) An AIF capital management company may revoke the marketing of units or shares in some or all EU AIF or domestic AIF managed by it in a State for which a notification under section 331 has been made, provided that all of the following conditions are satisfied:
1. a blanket offer has been made to repurchase or redeem, without fees or deductions, all such AIF units held by investors in that State, except in the case of closed-ended AIF and funds regulated by Regulation (EU) 2015/760 of the European Parliament and of the Council, publicly available for a period of at least 30 working days and addressed individually — directly or through financial intermediaries — to the investors in that State whose identity is known;
2. the intention to revoke the marketing of units of some or all of its AIF in that State has been made known by means of a generally available medium, including electronic means, that is customary for the marketing of AIF and suitable for a typical AIF 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 named in the notification letter under subsection (3).
(2) From the date named in subsection (1), point 3, the AIF capital management company may not, either directly or indirectly, offer or place a unit of the AIF managed by it in the State for which it has transmitted a notification under subsection (3).
(3) The AIF capital management company transmits a notification letter containing the information named in subsection (1), points 1 to 3, to the Federal Institute.
(4) The Federal Institute examines whether the notification letter transmitted by the AIF capital management company is complete. No later than 15 working days after receipt of a complete notification letter, the Federal Institute forwards this notification letter 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 AIF capital management company without delay of the forwarding of the notification letter under this subsection.
(5) For a period of 36 months from the date named in subsection (1), point 3, the AIF capital management company may not carry out pre-marketing in the State named in the notification under subsection (3) for the affected units, or for comparable investment strategies or investment concepts.
(6) From the date of revocation, the AIF capital management company must provide the investors who maintain their investments in the EU AIF, and the Federal Institute, with the information required under section 307(1) and section 308(1) and (3), first sentence. For the purposes of the first sentence, the AIF capital management company may use electronic or other means of distance communication.
(7) 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 and particulars named in section 321(1), second sentence, points 2 to 6.