Prohibition of the public offer

(1) BaFin prohibits the public offer of asset investments where it has indications that 1. the asset investments provide, contrary to section 5a, first sentence, for a shorter term than 24 months or a shorter notice period than six months, the asset investments are offered contrary to section 5b(1) to (3) or without the controller of the use of funds required under section 5c, or it appears from the report on the result of the control of the use of funds under section 5c(2), seventh sentence that the use of investors' funds did not take place as planned, 1a. the asset investments are issued, contrary to section 2a(5), by an issuer where a material interconnection of interests exists between the issuer concerned and the undertaking operating the internet service platform, 2. the offeror has not published a sales prospectus, contrary to section 6, or it is no longer valid under section 8a, 3. the sales prospectus does not contain the particulars required under section 7(1) and (2), including in conjunction with a statutory instrument issued under section 7(3), or that BaFin has additionally required under section 15a, 4. the sales prospectus contains a use of terms not permitted under section 7(2), third sentence, 5. the offeror has not published a supplement required under section 11(1), 6. the offeror has published a sales prospectus contrary to section 8, or a supplement contrary to section 11(1), second to fourth sentences, before approval, or 7. the offeror has not deposited and published an asset investment information sheet, contrary to section 13 or section 13a, or the offeror has not published an update required under section 13(7).
(2) The powers named in section 15 of the Securities Trading Act are available to BaFin, under the conditions named there, also with regard to asset investments.
(3) The powers named in section 10(1), second and third sentences of the Securities Trading Act are available to BaFin, under the conditions named there, also against offerors and issuers of asset investments.