Regulatory Alerts2018-01-16
Guidance Notice on Marketing Pursuant to Section 329 of the Investment Code (KAGB)
The Federal Financial Supervisory Authority (BaFin) issued this guidance notice to standardize the electronic notification procedure for marketing units or shares of domestic, EU feeder, and foreign alternative investment funds to professional and semi-professional investors in Germany under Section 329 of the Investment Code (KAGB). Notifiers must submit complete documentation via the MVP-Portal or encrypted email, pay a EUR 1,641 fee per fund compartment, and adhere to BaFin’s 30- to 60-day review periods for commencement of marketing. The notice further specifies mandatory disclosures regarding fund management, depositaries, investor safeguards, and de-notification rules to ensure continuous regulatory compliance.
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