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Section 336

Referrals and requests under Article 19 of Regulation (EU) No 1095/2010

(1) The detailed provisions on the cooperation arrangements named in section 322(1), point 1, section 324(1), first sentence, section 326(1), section 328(1), first sentence, section 330(1), first sentence, point 3, section 332(1), first sentence, and section 334(1), first sentence, are governed by Articles 113 to 115 of Delegated Regulation (EU) No 231/2013.
(2) Where a competent body refuses an application for the exchange of information within the meaning of sections 324, 328, 332, and 334 between the competent bodies of the home Member State or the reference Member State and the competent bodies of the host Member States of the AIF capital management company, the EU AIF management company, or the foreign AIF management company, the Federal Institute and the competent bodies of the home Member State or the reference Member State and of the host Member State of the AIF management company may request assistance from the European Securities and Markets Authority under Article 19 of Regulation (EU) No 1095/2010.
(3) Where a body competent for an EU AIF does not conclude the cooperation arrangement required under section 330(1), first sentence, point 3, letter a, within a reasonable period, the Federal Institute may request assistance from the European Securities and Markets Authority under Article 19 of Regulation (EU) No 1095/2010.

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