Notification duty of a foreign AIF management company whose reference Member State is the Federal Republic of Germany on the marketing of EU AIF or domestic AIF 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) 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 an EU AIF managed by it, or in a domestic AIF managed by it, to professional investors in other Member States of the European Union or in other States 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 331(1), second sentence, in each case in the version in force, with "AIF capital management company" being replaced by "foreign AIF management company".
(2) Section 331(2) to (9) applies correspondingly, with the provisos that
1. "AIF capital management company" is replaced by "foreign AIF management company",
2. in the course of section 331(5), the Federal Institute additionally informs the European Securities and Markets Authority that the foreign AIF management company may commence the marketing of units or shares of the notified AIF to professional investors in the host Member State of the foreign AIF management company, and
3. 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.