Liability for an inaccurate or missing asset investment information sheet

(1) A person who has acquired asset investments on the basis of particulars in an asset investment information sheet may demand from the offeror that it take over the asset investments against reimbursement of the acquisition price, insofar as this does not exceed the original acquisition price of the asset investments, and of the usual costs connected with the acquisition, where
1. the particulars contained in the asset investment information sheet are misleading, inaccurate, or inconsistent with the relevant parts of the sales prospectus, and
2. the acquisition transaction was concluded after publication of the sales prospectus and during the period of the public offer under section 11, but at the latest within two years after the first public offer of the asset investments in Germany.
(1a) Where drawing up a sales prospectus under section 2a or section 2b is not required, the claim under subsection (1) exists on the condition that
1. the particulars contained in the asset investment information sheet are misleading or inaccurate, and
2. the acquisition transaction was concluded during the period of the public offer under section 11, but at the latest within two years after the first public offer of the asset investments in Germany.
(2) Where the acquirer is no longer the holder of the asset investments, that person may demand payment of the difference between the acquisition price, insofar as this does not exceed the original acquisition price, and the sale price of the asset investments, as well as the usual costs connected with the acquisition and the sale.
(3) A person may not be held liable under subsection (1) or subsection (2) who demonstrates that they did not know of the inaccuracy of the asset investment information sheet and that this lack of knowledge was not due to gross negligence.
(4) The claim under subsection (1), subsection (1a) or subsection (2) does not exist where
1. the acquirer knew of the inaccuracy of the particulars in the asset investment information sheet at the time of acquisition, or
2. the matter to which inaccurate particulars in the asset investment information sheet relate did not contribute to a reduction in the acquisition price of the asset investments.
(4a) The acquirer may demand from the offeror that it take over the asset investment against reimbursement of the acquisition price, insofar as this does not exceed the original acquisition price of the asset investment, and of the usual costs connected with the acquisition, where
1. the asset investment information sheet was not made available to that person contrary to section 15,
2. the asset investment information sheet did not contain the notice under section 13(4), first sentence, or
3. that person did not confirm having noted the warning notice under section 13(4), first sentence, in accordance with section 15(3) or (4), including in conjunction with a statutory instrument under section 15(5). Subsection (2) applies accordingly.
(5) Where asset investments of an issuer with its seat abroad are also publicly offered abroad, the claim under subsection (1), subsection (1a), subsection (2) or subsection (4a) exists only where the asset investments were acquired on the basis of a transaction concluded in Germany, or of an investment service provided wholly or partly in Germany.
(6) An agreement that reduces or waives the claim under subsection (1), subsection (1a), subsection (2) or subsection (4a) in advance is void. Further-reaching claims that can be brought under the provisions of the civil law on the basis of contracts or torts remain unaffected.