Branch and cross-border provision of services by EU AIF management companies within Germany

(1) The management of a domestic special AIF, or the provision of services and ancillary services under Article 6(4) of Directive 2011/61/EU, by an EU AIF management company within Germany by way of the cross-border provision of services, requires that the competent authorities of the EU AIF management company's home Member State have transmitted to the Federal Institute the following particulars and documents: 1. a certificate confirming that the EU AIF management company has received authorisation under Directive 2011/61/EU covering the activities intended within Germany, 2. a notification letter under Article 1 of Delegated Regulation (EU) 2024/912 and under Annex III of Implementing Regulation (EU) 2024/913.
(2) The establishment of a branch by an EU AIF management company requires that the competent authorities of the EU AIF management company's home Member State have transmitted to the Federal Institute the following information: 1. a certificate confirming that the EU AIF management company has received authorisation under Directive 2011/61/EU covering the activities intended within Germany, and 2. a notification letter under Article 2 of Delegated Regulation (EU) 2024/912 and under Annex III of Implementing Regulation (EU) 2024/913.
(3) The EU AIF management company may commence the management of domestic special AIF, or the provision of services and ancillary services under Article 6(4) of Directive 2011/61/EU, within Germany immediately after receipt of the transmission notification from its home Member State under Article 33(4) of Directive 2011/61/EU.
(4) Section 3(1), (4), and (5), sections 14, 26(2), (3), and (7), section 27(1) to (4), section 28(1), fourth sentence, sections 31, 33, 34(3), point 8, and sections 293, 294, section 295(1) to (5) and (8), sections 297, 302 to 308 apply correspondingly to the branches within the meaning of subsection (1). Insofar as these branches provide services and ancillary services within the meaning of Article 6(4) of Directive 2011/61/EU, sections 63 to 68, 70, 82(1) to (9) and (13), and section 83 of the Securities Trading Act, and section 18 of the Act on the Deutsche Bundesbank, additionally apply correspondingly, with the proviso that several establishments of the same EU AIF management company are treated as one branch. Insofar as these branches provide services and ancillary services within the meaning of Article 6(4) of Directive 2011/61/EU, a suitable auditor must examine, at least once a year, whether they comply with the provisions of the Securities Trading Act named in the second sentence; section 38(4), third to fifth sentence, and (5), applies correspondingly. Sections 14, 294, section 295(1) to (5) and (8), sections 297, 302 to 308 apply correspondingly to the activities carried on by way of the cross-border provision of services under subsection (1), first sentence.
(5) Sections 80 to 161 and 273 to 292c apply correspondingly to the activity of an EU AIF management company that manages domestic special AIF, notwithstanding the requirements under subsection (4).
(6) Sections 24c, 25h, and 25j to 25m of the Banking Act, and section 93(7) and (8) in conjunction with section 93b of the Fiscal Code, apply correspondingly to the branches within the meaning of subsection (1).