(1) The management of a domestic UCITS by an EU UCITS management company, through a branch or by way of the cross-border provision of services, requires that the competent authorities of the EU UCITS management company's home Member State have enclosed with the notification under section 51(1), first sentence, a certificate confirming that the EU UCITS management company has received authorisation in its home Member State under Directive 2009/65/EC, a description of the scope of this authorisation, and details of the types of UCITS to which this authorisation is limited. The EU UCITS management company must, in addition, transmit to the Federal Institute the following documents: 1. the agreement concluded in text form with the depositary within the meaning of Article 22(2) of Directive 2009/65/EC, and 2. the particulars under Article 3 of Delegated Regulation (EU) 2024/911. Where the EU UCITS management company already manages domestic UCITS of the same type, a reference to the documents already transmitted is sufficient, provided that no changes have occurred. Sections 162 and 163 remain unaffected. The second sentence does not apply insofar as the EU UCITS management company intends only to distribute EU UCITS within Germany.
(2) Insofar as it is necessary for the exercise of supervision over the EU UCITS management company in the management of a domestic UCITS, the Federal Institute may request clarifications from the competent authorities of the EU UCITS management company's home Member State concerning the documents under subsection (1), and, on the basis of the certificate under subsection (1), first sentence, request information as to whether the type of domestic UCITS whose management is intended is covered by the EU UCITS management company's authorisation.
(3) The EU UCITS management company must notify the Federal Institute directly of every subsequent substantive change to the documents under subsection (1), second sentence, having regard to Article 4 of Delegated Regulation (EU) 2024/911.
(4) The Federal Institute may prohibit the management of a domestic UCITS where 1. the EU UCITS management company does not satisfy the requirements of Article 19(3) and (4) of Directive 2009/65/EC, 2. the EU UCITS management company has not received authorisation from the competent authorities of its home Member State to manage the type of UCITS whose management is intended within Germany, or 3. the EU UCITS management company has not submitted the documents under subsection (1). Before a prohibition, the Federal Institute must hear the competent authorities of the EU UCITS management company's home Member State.
(5) Sections 68 to 79, 91 to 123, 162 to 213, 293, 294, 301 to 306, and 312 to 313a apply correspondingly to the activity of an EU UCITS management company that manages domestic UCITS, notwithstanding the requirements under section 51(4).
Subdivision 6
Cross-Border Provision of Services and Third-Country Relations for AIF Management Companies