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Regulation on electronic display procedures for domestic investment assets and EU investment assets under the capital investment law

Original Language Title: Verordnung zum elektronischen Anzeigeverfahren für inländische Investmentvermögen und EU-Investmentvermögen nach dem Kapitalanlagegesetzbuch

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Regulation on electronic display procedures for domestic investment assets and EU investment assets under the Capital Investment Code (EAKAV)

Unofficial table of contents

EAKAV

Date of completion: 16.07.2013

Full quote:

" Regulation on the electronic display procedure for domestic investment assets and EU investment assets under the Capital Investment Code of 16 July 2013 (BGBl. I p. 2477) "

Footnote

(+ + + Text proof: 22.7.2013 + + +) 

Unofficial table of contents

Input formula

On the basis of the first sentence of § 312 (8) and the second sentence of § 331 (2) of the German Capital Act of 4 July 2013 (BGBl. 1981), in conjunction with Section 1 (3a) of the Regulation on the delegation of powers to the Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht), the most recent of which is Article 1 of the Ordinances of 11 July 2013 (BGBl. 2231), the Bundesanstalt für Finanzdienstleistungsaufsicht (Bundesanstalt für Finanzdienstleistungsaufsicht) is responsible for: Unofficial table of contents

§ 1 Scope

This Regulation shall apply to the transmission of the advertisement and the further documents to the Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht-Bundesanstalt) after
1.
Section 312 (1) and (4) of the capital investment code by UCITS capital management companies and EU UCITS management companies, the shares or shares in a domestic UCITS managed by them in another Member State of the European Union the Union or in another State Party to the Agreement on the European Economic Area, or by a person duly authorised by them,
2.
Section 331 (1) and (3) of the Capital Investment Code by AIF's capital management companies, the shares or shares in an EU-AIF managed by them, or on a domestic AIF managed by them in other Member States of the European Union The Union or States Parties to the Agreement on the European Economic Area intend to sell to professional investors, or through a person duly authorised by them.
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§ 2 Individual advertisements and the possibility of summary of advertisements; attest

(1) The advertisements in accordance with § 312 (1) and § 331 (1) of the Capital Investment Code shall be carried out individually for each investment property. (2) By way of derogation from paragraph 1, the advertisement for several partial vestments of an Umbrella Construction may be provided by: (3) If the advertisement is made by an authorised person, the advertisement shall be accompanied by a valid power of attorney. Unofficial table of contents

§ 3 Transfer Path

(1) The advertisement is the Bundesanstalt via its reporting and publication platform Portal (MVP Portal) 1 (2) The admission to use of the MVP Portal is governed by the procedure provided for by the Federal Agency. The details are given in the MVP Portal User's Guide. The signed access request shall be accompanied by a declaration signed by the management of the UCITS capital management company, the EU UCITS management company or AIF's capital management company, to the effect that the person who is the person who is responsible for the Authorisation for authorisation, active in the company and for the transmission of advertisements pursuant to this Regulation. Any changes to the information contained in this certificate shall be immediately communicated to the Federal Institute. Sentence 3 shall not apply if the directors themselves apply for authorisation. The provisions of sentences 3 to 5 shall apply to authorised persons, with the proviso that the authorized person shall enter the place of management.
1
Official note: Available on the Internet at www.bafin.de in the section "Data & Documents-MVP Portal/Reporting Platform-MVP Portal".
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§ 4 Transfer Formats

(1) The advertisement and the other documents must be sent exclusively in the file formats PDF, DOC or DOCX. (2) The files to be transmitted in the context of a display shall be twice as Package zip file. Neither the inner nor the outer ZIP package can be provided with a password. (3) The transmission of several ads in a ZIP file is not allowed. Unofficial table of contents

§ 5 Designation of the files to be transmitted

(1) For the display in accordance with § 312 (1) of the capital investment code, the files packaged in the inner ZIP file are to be described as follows:
1.
Display writing: BaFin ID and Notification Letter label,
2.
Investment conditions: BaFin-ID and term "Terms and Conditions for Investment",
3.
Statutes: BaFin ID and the name "Articles of Association",
4.
Sales prospectus: BaFin-ID and designation "Prospectus",
5.
Annual Report: BaFin ID and Annual Report,
6.
Half-yearly report: BaFin-ID and designation "Half-yearly Report",
7.
Key investor information: BaFin ID and Key Investor Information,
8.
additional documents to be attached to the ad referred to in Part B, point 3 of the advertisement, in accordance with the laws, regulations and administrative provisions of the host Member State concerned: BaFin ID and a label identifying the content;
9.
Cover letter for supplementary indication according to § 6 sentence 3 :BaFin-ID and designation "Supplementary indication".
The outer and the internal ZIP files contained therein are to be described as follows:
"P312KAGB_" + BaFin-ID + "_arbitrary filename.zip". (2) For the display in accordance with § 331 (1) of the capital investment code, the files packaged in the inner ZIP file are to be described as follows:
1.
Display writing: BaFin ID and Notification Letter label,
2.
investment conditions on the one hand or, on the other hand, articles of association or social contract: BaFin-ID and term "terms and conditions for investment" on the one hand or "Articles of Association" on the other hand,
3.
Annual Report: BaFin ID and Annual Report,
4.
Cover letter for supplementary indication according to § 6 sentence 3 :BaFin-ID and designation "Supplementary indication".
The outer and the internal ZIP files contained therein are to be described as follows:
"P331KAGB_" + BaFin-ID + "_any filename.zip". (3) A full power to be added in accordance with § 2 paragraph 3 is to be described as follows:
BaFin ID and designation "full power". Unofficial table of contents

§ 6 Supplementary displays

If the Bundesanstalt has requested missing information or documents in accordance with § 312 (4) sentence 2 or § 331 (3) sentence 1 of the capital investment code, the taxable person has to make a supplementary display via the MVP portal. § § 2 to 5 shall apply accordingly. The supplementary ad shall be accompanied by a cover letter indicating which indication the submitted documents relate to. Unofficial table of contents

Section 7 Entry into force, external force

This Regulation shall enter into force on 22 July 2013. At the same time, the Ordinance on Electronic Display Procedures for Domestic Investment Assets according to the Investment Act of 28 June 2011 (BGBl. 1302).