Prohibition of the offer

(1) BaFin prohibits the offer where 1. the offer document does not contain the particulars required under section 11(2) or a statutory instrument issued under section 11(4), 2. the particulars contained in the offer document manifestly infringe provisions of this Act or of a statutory instrument issued under this Act, 3. the offeror fails to transmit an offer document to BaFin contrary to section 14(1), first sentence, 4. the offeror has failed to publish the offer document contrary to section 14(2), first sentence, or 5. the publication of the offer document infringes the blocking periods under section 26(1) or (2), or the offeror has published the decision to publish an offer under section 10(3), first sentence contrary to section 26(1) or (2).
(2) BaFin may prohibit the offer where the offeror does not make the publication in the form prescribed in section 14(3), first sentence.
(3) Where the offer has been prohibited under subsection (1) or (2), publication of the offer document is prohibited. A legal transaction on the basis of an offer prohibited under subsection (1) or (2) is void.