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Show distribution of European alternative investment funds or special funds of a domestic capital management company to semi-professional or professional investors in Germany

Service Description

Alternative investment funds (AIFs) are undertakings for collective investment that collect capital from a number of investors in order to invest it in accordance with a defined investment strategy for the benefit of these investors. These undertakings are

  • not an operating company outside the financial sector and
  • not undertakings for collective investment in transferable securities (UCITS).

If domestic AIFs are only marketed to professional or semi-professional investors, they are referred to as special AIFs.

If an AIF is subject to the law of another member state of the European Union or another state party to the Agreement on the European Economic Area, it is referred to as an EU AIF.

If you, as a domestic AIF management company, wish to market an EU AIF or a special AIF to professional or semi-professional investors in Germany, you must first notify the German Federal Financial Supervisory Authority (BaFin).

Process flow

You can register the distribution of EU AIFs or special AIFs in Germany informally online.

Online registration:

  • Create an informal letter.
  • Enclose the required documents.
  • Register with BaFin's notification and publication platform (MVP Portal).
  • Send all documents to BaFin via the MVP Portal.
  • You will receive a notification.
  • Transfer the fees.

Requirements

You want to market EU AIFs or special AIFs in the Federal Republic of Germany as a domestic capital management company.

Which documents are required?

Attach the following information and documents to the notification:

  • Business plan containing information on the notified AIF and its registered office
  • Terms and conditions of investment, the articles of association or the partnership agreement of the notified AIF
  • Name of the depositary of the notified AIF
  • Description of the notified AIF and all information about the notified AIF available to investors
  • Details of the registered office of the master AIF and its management company if the notified AIF is a feeder AIF
  • All further information specified in section 307(1) of the German Investment Code (KAGB) for each notified AIF that must be made available to potential investors, such as a description of the investment strategy and objectives of the AIF, the type of assets and any investment restrictions.
  • Information on the precautions taken to prevent units or shares of the notified AIF from being marketed to retail investors, in particular if the AIF management company uses independent companies to provide investment services for the notified AIF.

What are the fees?

Administration Fee: 2526,00 EUR
Payment in advance: no
The costs are charged per registration.

What deadlines do I have to pay attention to?

You must notify the distribution of the EU AIF or special AIF before it begins.

Processing duration

Within 20 working days of receipt of the complete documents, the Federal Financial Supervisory Authority (BaFin) will inform you whether you can start marketing the AIF named in the letter to semi-professional and professional investors within the scope of this Act with immediate effect.

Legal basis

Applications / forms

  • Objection
  • Detailed information on how to lodge an objection can be found in the notification of your application.
  • Appeal to the administrative court if your objection is rejected

Further Information

Author

Forwarding service: Deep link to the original portal

Federal Financial Supervisory Authority (BaFin)

The text was automatically translated based on the German content.

Technically approved by

Federal Ministry of Finance (BMF)

Professionally released on

18.08.2023

Source: Zuständigkeitsfinder Thüringen (Linie6Plus)

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