(1) The offeror must transmit to an investor, or a person interested in acquiring an asset investment, on that person's request, at any time during the period of the public offer under section 11, first sentence, the sales prospectus and a current version of the asset investment information sheet drawn up under section 13, in text form, and in paper form on request. The issuer must transmit to an investor, or a person interested in acquiring an asset investment, on that person's request, at any time, the last published annual financial statements and management report, as well as the report of the controller of the use of funds under section 5c, each in text form, and in paper form on request. On the application of a person that provides investment advice, investment broking or contract broking in relation to asset investments, or that sells asset investments, the offeror must transmit to that person the asset investment information sheet drawn up under section 13 in text form.
(2) In the case of direct sale under section 5b(4), the offeror must make available to the person interested in acquiring an asset investment, in good time before conclusion of the contract, the asset investment information sheet drawn up under section 13, in its current version, and, on request, the sales prospectus. The person interested in acquiring an asset investment must be informed of where in Germany, and in what manner, that person can obtain the documents under the first sentence. Where the offeror, in the case of direct sale under section 5b(4), does not provide investment advice, it must inform the person interested in acquiring an asset investment, in good time before conclusion of the contract, in text form, that it does not assess whether 1. the asset investment corresponds to the interested person's investment objectives, 2. the investment risks arising from it are financially bearable for the investor having regard to those investment objectives, and 3. the investor is able, with its knowledge and experience, to understand the investment risks arising from it.
(3) Every investor must, before conclusion of the contract, confirm having noted the warning notice under section 13(4), first sentence, stating the place and date, by signature with first and last name, on the asset investment information sheet drawn up under section 13. The offeror and the investor each receive a copy of the signed asset investment information sheet.
(4) Where exclusively means of distance communication are used for the contract negotiations and the conclusion of the contract for an asset investment, the investor must confirm having noted the warning notice under section 13(4), first sentence, in a manner equivalent to signature under subsection (3). A confirmation is equivalent where it is made by the investor through the investor's own text entry that unambiguously establishes that investor's identity.
(5) The Federal Ministry of Finance is authorised, by statutory instrument not requiring the consent of the Bundesrat, in agreement with the Federal Ministry of Justice and Consumer Protection, to issue further provisions on the conditions under which a confirmation within the meaning of subsection (4) is equivalent to signature under subsection (3).
Subdivision 2
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