Notification duty of an AIF capital management company on the marketing of foreign AIF or of domestic feeder AIF or EU feeder AIF whose respective master AIF is not an EU AIF or a domestic AIF managed by an EU AIF management company or an AIF capital management company, to professional investors in other Member States of the European Union or in other States party to the Agreement on the European Economic Area

(1) The marketing, by an AIF capital management company, of units or shares in foreign AIF, and of units or shares in domestic feeder AIF or EU feeder AIF whose respective master AIF is not an EU AIF or a domestic AIF managed by an EU AIF management company or an AIF capital management company, to professional investors in other Member States of the European Union or in other States party to the Agreement on the European Economic Area, is permissible only where the conditions named in section 322(1) are satisfied.
(2) Where an AIF capital management company intends to market units or shares in an AIF within the meaning of subsection (1), first sentence, managed by it, to professional investors in another Member State of the European Union or in another State party to the Agreement on the European Economic Area, it must notify the Federal Institute of this in a language customary in international financial circles. The notification letter must contain the particulars and documents required under section 322(2), second sentence, in each case in the version in force.
(3) Section 331(2) to (9) applies correspondingly, with the proviso that
1. in the course of section 331(5), the Federal Institute additionally informs the European Securities and Markets Authority that the AIF capital management company may commence the marketing of units or shares of the notified AIF to professional investors in the host Member State of the AIF capital management company,
2. in the case of a permissible change under section 331(9), the Federal Institute must additionally inform 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.