(1) Where a non-EU AIF management company whose Member State of reference is not the Federal Republic of Germany intends, for the first time, to manage domestic special AIF by way of the cross-border provision of services or through a branch, this is permissible only where the competent authorities of the non-EU AIF management company's Member State of reference have transmitted to the Federal Institute the following particulars and documents:
1. a certificate confirming that the non-EU AIF management company has received authorisation under Directive 2011/61/EU covering the activities intended within Germany,
2. notification of the non-EU AIF management company's intention to manage domestic special AIF in the Federal Republic of Germany by way of the cross-border provision of services or through a branch, and
3. a business plan setting out, in particular, the domestic special AIF that the non-EU AIF management company intends to manage.
(2) Where the non-EU AIF management company intends to establish a branch, this is permissible only where the competent authorities of the Member State of reference have 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 within Germany, and
3. the names and contact details of the managers of the branch.
(3) The non-EU AIF management company may commence the management of domestic special AIF within Germany immediately after receipt of the transmission notification from its Member State of reference under Article 41(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 33, 34(3), point 8, and sections 293, 295(5), sections 307 and 308 apply correspondingly to the branches within the meaning of subsection (1). Sections 14, 293, 295(5), sections 307 and 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 a non-EU AIF management company whose Member State of reference is not the Federal Republic of Germany and which manages domestic special AIF, notwithstanding the requirements under subsection (4).