Management of EU AIF by non-EU AIF management companies for which the Federal Republic of Germany is the Member State of reference

(1) The management of an EU AIF by a non-EU AIF management company for which the Federal Republic of Germany is the Member State of reference under section 56, and which holds authorisation under section 58, by way of the cross-border provision of services or through a branch, requires that it has transmitted to the Federal Institute the following particulars:
1. the Member State of the European Union or the contracting state of the Agreement on the European Economic Area in which it intends to manage EU AIF by way of the cross-border provision of services or through a branch;
2. a business plan setting out, in particular, the types of EU AIF that it intends to manage.
(2) The establishment of a branch by a non-EU AIF management company in another Member State of the European Union or another contracting state of the Agreement on the European Economic Area requires that it has transmitted to the Federal Institute, in addition to the particulars under subsection (1), the following information:
1. the organisational structure of the branch,
2. the address at which documents may be requested in the home Member State of the EU AIF, and
3. the names and contact details of the managers of the branch.
(3) Where there is no reason to assume that the non-EU AIF management company, or the management of the EU AIF by it, infringes or will infringe this Act, the Federal Institute transmits the complete documents, together with a certificate concerning the authorisation of the non-EU AIF management company concerned, to the competent authorities of the non-EU AIF management company's host Member State within one month of receipt of the complete documents under subsection (1), or, where applicable, within two months of receipt of the complete documents under subsection (2).
(4) The Federal Institute informs the non-EU AIF management company without delay of the transmission of the documents. The non-EU AIF management company may not commence the management of EU AIF in the respective host Member State until after receipt of the transmission notification. The Federal Institute also informs the European Securities and Markets Authority that the non-EU AIF management company may commence the management of the EU AIF in the respective host Member States.
(5) The non-EU AIF management company must notify the Federal Institute of any change to the particulars transmitted under subsection (1), or, where applicable, under subsection (2), at least one month before the change is carried out, or, in the case of unplanned changes, without delay after the change occurs.
(6) Where the planned change would result in the non-EU AIF management company, or the management of the EU AIF by it, now infringing this Act, the Federal Institute prohibits the non-EU AIF management company from making the change without delay.
(7) Where a planned change is carried out notwithstanding subsections (5) and (6), or where a change triggered by an unplanned circumstance results in the non-EU AIF management company, or the management of the EU AIF by it, now infringing this Act, the Federal Institute takes all necessary measures.
(8) The Federal Institute informs the competent authorities of the non-EU AIF management company's host Member State without delay of changes that are consistent with this Act.