Special provisions for the management of EU UCITS by UCITS capital management companies

(1) Where a UCITS capital management company intends to manage EU UCITS through a branch or by way of the cross-border provision of services, the Federal Institute transmits to the competent authorities of the host Member State a notification letter under Article 1 or 2 of Delegated Regulation (EU) 2024/911, in each case in conjunction with Annex III or VII of Implementing Regulation (EU) 2024/910, and encloses with the notification the certificates under Annexes IV and V of Implementing Regulation (EU) 2024/910. In this case, the UCITS capital management company must, in addition, transmit to the competent authorities of the host Member State the following documents: 1. the agreement concluded in text form with the depositary within the meaning of section 68(1), second sentence, and 2. the particulars under Article 3 of Delegated Regulation (EU) 2024/911. Where the UCITS capital management company already manages EU UCITS of the same type in this host Member State, a reference to the documents already transmitted is sufficient, provided that no changes have occurred.
(2) The Federal Institute informs the competent authorities of the UCITS capital management company's host Member State of every change in the scope of the UCITS capital management company's authorisation. It updates the information contained in the certificate under Annex V of Regulation (EU) 2024/910. The UCITS capital management company must notify the competent authorities of the host Member State directly of any subsequent substantive changes to the documents under subsection (1), second sentence, having regard to Article 4 of Delegated Regulation (EU) 2024/911.
(3) Where the competent authority of the UCITS capital management company's host Member State requests information from the Federal Institute, on the basis of the certificate under Annex V of Regulation (EU) 2024/910, as to whether the type of EU UCITS whose management is intended is covered by the UCITS capital management company's authorisation, or requests clarifications concerning the documents transmitted under subsection (1), second sentence, the Federal Institute gives its statement within ten working days.
(4) Sections 1 to 43, and the provisions applicable in the EU UCITS's home Member State implementing Article 19(3) and (4) of Directive 2009/65/EC, apply correspondingly to the activity of a UCITS capital management company that manages EU UCITS. Insofar as this activity is carried on through a branch, section 26(2) in conjunction with a statutory instrument under section 26(8), and section 27(1) in conjunction with a statutory instrument under section 27(6), do not apply.