Regulatory Alerts2024-07-25
Guidance Notice on Marketing Under Section 329 of the German Investment Code (KAGB)
The Federal Financial Supervisory Authority (BaFin) issued this guidance to standardize the notification process for marketing feeder and foreign alternative investment funds (AIFs) to professional or semi-professional investors in Germany under Section 329 of the KAGB. The notice mandates electronic submissions via the MVP-Portal or encrypted email, specifies required documentation and a EUR 1,641 fee per AIF, and establishes review timelines of up to five months for feeder structures. It clarifies ongoing update obligations, de-notification procedures, and self-certification requirements to ensure compliant market entry while granting BaFin the authority to suspend marketing if statutory conditions are breached.
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