Self-disclosure in the brokering of the conclusion of a contract for an investment asset within the meaning of section 2a of the Assets Investment Act

(1) Before brokering the conclusion of a contract for an investment asset within the meaning of section 2a of the Assets Investment Act, an investment services undertaking must obtain from the client a self-disclosure of the client's assets or income, to the extent necessary to be able to examine whether the total amount of investment assets of the same issuer acquired by the client does not exceed the following amounts:
1. EUR 10,000, provided that the investor in question has, according to their self-disclosure, freely available assets in the form of bank deposits and financial instruments of at least EUR 100,000, or
2. twice the amount of the investor's average monthly net income, but no more than EUR 25,000. The first sentence does not apply where the total amount of investment assets of the same issuer acquired by the client does not exceed EUR 1,000. An investment services undertaking may broker the conclusion of a contract for an investment asset within the meaning of section 2a of the Assets Investment Act only where it has examined that the total amount of investment assets of the same issuer acquired by the client does not exceed EUR 1,000 or the amounts referred to in the first sentence, numbers 1 and 2. The first and third sentences do not apply where the investor is a corporation or a GmbH & Co. KG whose limited partners are simultaneously shareholders of the GmbH or participate in the GmbH's decision-making, provided that the GmbH & Co. KG is not an investment fund or a management company within the meaning of the Capital Investment Code.
(2) Insofar as the information referred to in subsection (1) is based on particulars given by the client, the investment services undertaking is not responsible for the inaccuracy or incompleteness of its client's particulars, unless it is aware of the incompleteness or inaccuracy of the client's particulars, or is unaware of it as a result of gross negligence.