Publication of supplementary particulars

(1) Every important new circumstance or material inaccuracy relating to the particulars contained in the sales prospectus that could affect the assessment of the asset investments or of the issuer, and that arises or is established after approval of the prospectus and during the period of the public offer, must be published in a supplement to the sales prospectus under the fifth sentence. An important new circumstance within the meaning of the first sentence is in particular
1. every newly disclosed annual financial statements and management report of the issuer,
2. every newly disclosed consolidated financial statements of the issuer, 2a. every new report of the controller of the use of funds that establishes a deviating use of the released funds, and
3. every circumstance that materially affects the business prospects of the issuer for at least the current financial year and is capable of materially impairing the issuer's ability to fulfil its obligations to the investor. The offeror must draw up the supplement without delay after the occurrence of a circumstance to be published under the first sentence, or the establishment of an inaccuracy to be published under the first sentence, and submit it to BaFin for approval. BaFin must approve the supplement, following receipt, within a period of ten working days, in accordance with section 8(1), second sentence and (3). Publication must be made without delay after approval, applying section 9(2), first and second sentences accordingly.
(2) Investors who made a declaration of intent directed at the acquisition or subscription of the asset investments before publication of the supplement may withdraw that declaration within a period of two working days after publication of the supplement, provided performance has not yet occurred. The withdrawal need not state reasons and must be declared in text form to the person named in the supplement as recipient of the withdrawal; timely dispatch is sufficient to preserve the time limit. Section 357b of the German Civil Code applies accordingly to the legal consequences of the withdrawal. The supplement must contain, in a prominent place, an instruction on the right of withdrawal.
(3) The offeror must, in addition to the sales prospectus approved by BaFin, publish a version of the sales prospectus supplemented by all supplements. The circumstance requiring supplementation is in each case to be inserted at the place where the sales prospectus is amended. The respective changes as against the sales prospectus approved by BaFin must be indicated. Section 9(2), first and second sentences applies accordingly. The sales prospectus approved by BaFin, and the individual supplements, must be made accessible until the asset investment is fully redeemed, under section 9(2), first and second sentences.