224. Regulation of the financial market authority (FMA) on the design of warning of alternative investment funds (AIF warning notice Regulation)
On the basis of § 49 para 5 of the alternative investment fund manager law - AIFMG, Federal Law Gazette I no. 135/2013, is prescribed:
Scope of application
§ 1. This regulation is applicable to warnings pursuant to § 49 para 4 AIFMG.
Design of warning
2. (1) a warning notice of alternative investment funds (AIF), which is AIFMG for sale in Austria to private customers, in accordance with paragraph 49 has in German, to be clearly visible, clearly visible and easy to read, and to meet the requirements of section 3.
(2) the warning referred to in paragraph 1 has already at the time of the introduction of the display according to § 49 para 2 AIFMG in the customer information document (CCD) or the simplified prospectus to be contained.
(3) the warning referred to in paragraph 1 has also in all promotional materials of the AIF or the alternative investment fund managers (AIFM) included to be used for distribution in Austria. If a system does not allow a written warning, is the content of the warning label on another appropriate way to give back. A general reference, where the warning can be obtained, it is not enough.
§ 3. A warning has to be as follows:
"The [name of the AIF] nor the [name of the AIFM] is subject to a supervision of the financial market authority (FMA) or other Austrian authority. Only the [name of the origin State authority or the competent authority of the reference Member State of the AIFM] is responsible for the supervision. Not any brochure or a customer information document (KID), a simplified prospectus were audited by the FMA or other Austrian authority. The FMA or other Austrian authority are not liable for the accuracy or completeness of the sales documents."
Entry into force
§ 4. This Regulation shall enter into force the day of the announcement.
Ettl Kumpf Müller