Obtain authorization to transfer the management of a domestic investment fund
You need approval from the German Federal Financial Supervisory Authority (BaFin) to transfer the management of an investment fund to another capital management company.
Description
As a capital management company (KVG), you can terminate your right to manage an investment fund. In addition, the right may expire, for example in the event of insolvency. In this case, either the investment asset or the right to manage this investment asset is transferred to a depositary. The depositary, a special credit institution or securities firm, then winds up the investment assets and distributes them to the investors.
If you wish to transfer the right to manage the investment fund to another capital management company instead, you will need approval from the German Federal Financial Supervisory Authority (BaFin). Approval requires an application that you submit via BaFin's reporting and publication platform (MVP Portal).
Online service
Melde- und Veröffentlichungsplattform (MVP Portal) der Bundesanstalt für Finanzdienstleistungsaufsicht (BaFin)
Description
Use this service online
Payment methods
- SEPA transfer
Trust level
You need an electronic ID card with a PIN to use the service (trust level: high).
further information on the level of trust for online services
Identification
- electronic identification using national eID means – user name/password
Contact person
Bundesanstalt für Finanzdienstleistungsaufsicht (BaFin)
Address
address
Haltestellen
- Haltestelle: Husarenstraße
Linie:- Straßenbahn: 61
address
Haltestellen
- Haltestelle: Husarenstraße
Linie:- Straßenbahn: 61
PO box address
Post office box 500154
60306 Frankfurt am Main
PO box address
Post office box 1253
53002 Bonn
Contact
fax: +49 228 4108-1550
telephone: +49 228 4108-0
e-mail: fitandproper@bafin.de
e-mail: poststelle@bafin.de
e-mail: qes-posteingang@bafin.de
Internet
Payment methods
The following payment method is possible: Transfer
Keywords
BaFin
Required documents
Transfer of the management right for an investment fund to another KVG:
- Application by the managing KVG or
- Application by the depositary of the investment fund if it wishes to refrain from liquidating the investment fund and transfer the investment fund to another KVG
Prerequisites
Transfer of the management right for an investment fund to another KVG:
- The investment fund is owned by the KVG.
- The investment assets are co-owned by the investors, but the KVG has the right of management and disposal over them.
- The receiving KVG has a license to manage investment assets.
Basis for legal action
Legal remedy
- Appeal:
Detailed information on how to file an appeal can be found in the notice of your application.
- Action before the administrative court if your objection is rejected.
Procedure
You must apply for approval to transfer the management right for an investment fund to another KVG via BaFin's MVP Portal before the transfer:
- To do so, log in to the MVP Portal with your access data.
- If you do not have access yet: First register on the MVP Portal.
- Select the specialist procedure "Notification procedure KAGB - funds".
- Please note that you must be registered for the specialist procedure. If you have not yet registered, you can do so in the "Specialized procedure" section ("Apply for specialized procedure").
- Select "Submit notification" and complete the application for approval of transfer to another investment management company online.
- Compile all required documents.
- Send these documents to BaFin electronically via the MVP portal only.
- BaFin will check your application to ensure that all transfer requirements have been met and will grant you approval via the MVP Portal in the form of a PDF document, provided you meet all requirements.
- You must then announce the transfer in the Bundesanzeiger (Federal Gazette) and in the annual or semi-annual report and the electronic medium specified in the sales prospectus.
- You may only make the announcement once you have received BaFin's approval.
Deadlines
There is no time limit. The application must be submitted to the competent body before the transfer.
Processing time
The processing of an authorization to transfer the management right to another capital management company takes a maximum of 8 weeks if all legal requirements are met.
Costs
Administrative fine 1.025,00 EUR
Notes (specifics)
There are no clues or specifics.
Further Information
Area of validity
Germany-wide
Official approval
Officially approved by Federal Ministry of Finance (BMF) on 18.08.2023
Keywords
Request, BaFin