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Distribution of closed-end funds – On the necessity of revocation instructions under the German Civil Code (BGB)

By on September 13, 2023
Posted In Funds

When distributing investment funds and designing the fund documentation, information on revocation rights must be observed. This applies not only to mutual funds, but also to special funds if they are sold to “consumers” as defined by the German Civil Code. In addition to small investors, this may also include semi-professional investors. While the KAGB contains a special regulation in the area of open-end funds, the general regulations of the BGB apply to closed-end funds – which, however, do not apply to investments in closed-end funds.

Frank Müller and Tobias Koch outline which special features have to be observed in the context of revocation rights for closed-end funds and which risks are threatening in case of missing or incorrect information. Read the full article here (in German).

Frank Müller
Frank Müller advises investment fund managers, institutional investors, asset managers as well as their regulated and unregulated fund vehicles in all regulatory and real estate law matters in connection with the set-up, structuring and management of funds and their acquisitions. He has extensive experience in the following: (1) Foundation of fund management companies and their regulatory advice, including consultations with the respective authorities in Germany and abroad; (2) Set-up of investment funds for retail and institutional investors (both contract and corporate type funds); (3) Structuring of funds and transactions for institutional investors and asset managers; (4) Regulatory and real estate law advice of funds, fund managers and institutional investors with regard to asset deals, share deals, unit deals and project developments in Germany and abroad.