Notification duty of a foreign AIF management company whose reference Member State is the Federal Republic of Germany on the marketing of foreign 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) The marketing, by a foreign AIF management company, of units or shares in foreign 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, is permissible only where the requirements named in section 322(1) are satisfied. Where the competent body of the host State of the foreign AIF management company does not agree with the Federal Institute's assessment of the conditions named in section 322(1), points 1 and 2, it 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 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 AIF managed by it within the meaning of subsection (1), first sentence, in another Member State of the European Union or in another State party to the Agreement on the European Economic Area, to professional investors, 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(2), first sentence, in each case in the version in force, with "AIF capital management company" being replaced by "foreign AIF management company".
(3) Section 331(2) to (5), first and second sentences, (6), and (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.