General provisions on administrative fines

(1) A person acts unlawfully who, intentionally or with gross negligence, 1. publicly offers an asset investment contrary to section 2a(5), first sentence, 1a. offers an asset investment named there contrary to section 5b, 1b. fails to appoint an independent controller of the use of funds, fails to appoint one correctly, or fails to appoint one in time, contrary to section 5c(1), first sentence, 1c. fails to submit an agreement named there, or fails to submit it in time, contrary to section 5c(1), fourth sentence, 1d. fails to publish a report named there, fails to publish it correctly, fails to publish it completely, fails to publish it in the prescribed manner, or fails to publish it in time, contrary to section 5c(3), 1e. fails to publish a sales prospectus, fails to publish it correctly, or fails to publish it completely, contrary to section 6 in conjunction with a statutory instrument under section 7(3), first sentence, 2. publishes a sales prospectus contrary to section 8(1), first sentence, 3. fails to publish a sales prospectus, a new circumstance or an inaccuracy, fails to publish it correctly, fails to publish it completely, fails to publish it in the prescribed manner, or fails to publish it in time, contrary to section 9(1) or section 11(1), first sentence, 4. fails to make a notification, fails to make it correctly, fails to make it completely, fails to make it in the prescribed manner, or fails to make it in time, contrary to section 9(2), third sentence or section 10(1), first sentence, 4a. fails to submit a supplement, or fails to submit it in time, contrary to section 11(1), third sentence, 4b. fails to publish a fact, fails to publish it correctly, fails to publish it completely, fails to publish it in the prescribed manner, or fails to publish it in time, contrary to section 11a(1), first sentence, 5. fails to ensure that a notice is included, contrary to section 12(1), (2) or (3), 6. fails to draw up an asset investment information sheet, fails to draw it up correctly, fails to draw it up completely, or fails to draw it up in time, contrary to section 13(1) in conjunction with a statutory instrument under section 13(8), first sentence, 7. fails to update a particular given there, fails to update it correctly, fails to update it completely, or fails to update it in time, contrary to section 13(7), first sentence, or fails to state the date of the update in the asset investment information sheet, contrary to section 13(7), third sentence, 7a. fails to publish an asset investment information sheet, fails to publish it correctly, fails to publish it completely, fails to publish it in the prescribed manner, or fails to publish it in time, contrary to section 13a(1), first sentence, 7b. fails to make the current version of the asset investment information sheet accessible, or fails to make it accessible for the prescribed duration, or fails to keep it available, or fails to keep it available for the prescribed duration, contrary to section 13a(1), second sentence, 7c. fails to make the asset investment information sheet accessible, or fails to make it accessible in the prescribed manner, contrary to section 13a(2), 8. fails to transmit a sales prospectus, a supplement or an updated version of the asset investment information sheet, or fails to transmit it in time, contrary to section 14(1), first sentence or section 14(3), 9. fails to deposit an asset investment information sheet, or fails to deposit it in time, contrary to section 14(1), second sentence, or 10. contravenes an enforceable order under section 17(1), first sentence or section 18(1) or (2).
(2) A person acts unlawfully who, intentionally or negligently, 1. contravenes an enforceable order under section 16(1), or 2. fails to give information, fails to give it correctly, fails to give it completely, or fails to give it in time, or fails to produce a document, fails to produce it correctly, fails to produce it completely, or fails to produce it in time, contrary to section 19(1).
(3) The regulatory offence may, in the cases under subsection (1) nos. 1a to 1e, 2, 6 and 10, be punished with an administrative fine of up to five hundred thousand euros, in the cases under subsection (1) nos. 1, 3, 4a, 4b, 5, 7a, 7b and 7c with an administrative fine of up to one hundred thousand euros, and in the other cases with an administrative fine of up to fifty thousand euros.
(4) The administrative authority within the meaning of section 36(1) no. 1 of the Act on Regulatory Offences is BaFin.