Scope of application

(1) This Act contains provisions concerning
1. the provision of investment services and ancillary investment services,
2. the provision of data reporting services and the organisation of data reporting services providers,
3. market-abusive conduct in on-exchange and off-exchange trading in financial instruments,
4. the marketing, distribution and sale of financial instruments and structured deposits,
5. the design of financial instruments for distribution,
6. the monitoring of company accounts and the publication of financial reports subject to the provisions of this Act,
7. changes in the voting-rights holdings of shareholders in exchange-listed companies, and
8. the responsibilities and powers of the Federal Financial Supervisory Authority (Bundesanstalt) and the sanctioning of infringements relating to
a) the provisions of this Act,
b) Regulation (EC) No 1060/2009,
c) Regulation (EU) No 236/2012,
d) Regulation (EU) No 648/2012,
e) Regulation (EU) No 596/2014,
f) Regulation (EU) No 600/2014,
g) Regulation (EU) No 909/2014,
h) Regulation (EU) No 1286/2014,
i) Regulation (EU) 2015/2365,
j) Regulation (EU) 2016/1011,
k) Regulation (EU) 2017/1129,
l) Regulation (EU) 2019/2088, insofar as investment services undertakings are concerned that provide investment advice or financial portfolio management,
m) Regulation (EU) 2019/1238,
n) Regulation (EU) 2020/852, insofar as investment services undertakings are concerned that provide investment advice or financial portfolio management,
o) Regulation (EU) 2020/1503,
p) the Commission delegated regulations and implementing regulations adopted under Directive 2014/65/EU,
q) the Commission delegated regulations and implementing regulations adopted under Directive 2004/109/EC,
r) Regulation (EU) 2022/2554,
s) Regulation (EU) 2023/2631.
(2) Unless otherwise provided, the provisions of Part 11, and sections 54 to 57, also apply to acts and omissions carried out abroad, insofar as they relate to
1. an issuer having its seat domestically,
2. financial instruments traded on a domestic regulated market, a domestic multilateral trading facility or a domestic organised trading facility, or
3. investment services or ancillary investment services offered domestically. Sections 54 to 57 also apply to commodity derivatives traded abroad outside a trading venue that are economically equivalent to commodity derivatives traded on trading venues domestically.
(3) In applying the provisions of Parts 6, 7 and 16, units and shares in open-ended collective investment undertakings within the meaning of section 1(4) of the Capital Investment Code are disregarded. For Part 6 this applies only insofar as they are not special AIFs within the meaning of section 1(6) of the Capital Investment Code.