224. Regulation of the Financial Market Supervisory Authority (FMA) on the design of the warning of alternative investment funds (AIF-Warnhinweisverordnung)
Pursuant to Section 49 (5) of the Alternative Investment Fund Manager Law-AIFMG, BGBl. I No 135/2013, shall be arranged:
§ 1. This Regulation shall apply to warnings in accordance with Section 49 (4) of the AIFMG.
Design of the warning
§ 2. (1) A warning of an Alternative Investment Fund (AIF), which according to § 49 AIFMG is approved for sale in Austria to private customers, has in German language, clearly visible, clearly recognizable and easy to read and the requirements § 3.
(2) The warning in accordance with paragraph 1 shall already be included in the customer information document (KID) or in the simplified prospectus at the time of the submission of the advertisement in accordance with § 49 paragraph 2 AIFMG.
(3) The warning in accordance with paragraph 1 shall also be included in all advertising documents of the AIF or of the Alternative Investment Fund Manager (AIFM), which are used for distribution in Austria. If an advertising material does not allow a written warning, the content of the warning is to be returned in another appropriate manner. A general reference, where the warning message can be retrieved, is not sufficient.
§ 3. A warning message shall read as follows:
" Neither the [name of the AIF] nor the [name of the AIFM] shall be subject to the supervision of the Financial Market Supervisory Authority (FMA) or any other Austrian authority. The supervisor shall be responsible only for the [name of the home state authority or the competent authority of the reference Member State of the AIFM]. Neither a prospectus nor a customer information document (KID) nor a simplified prospectus have been provided by of the FMA or of any other Austrian authority. The FMA or any other Austrian authority shall not be liable for the accuracy or completeness of the distribution documents. "
entry into force
§ 4. This Regulation shall enter into force at the end of the day of the customer's agreement.