Closedend Funds

Drastic changes in the stock market due to new BFin directive 22 July 2013 as new credit agency advocating for transparency and seriousness on the Fund market with all its strength, welcomes the decision of the Bundestag for the AIFM directive through the KAGB (investment code) and the adaptation of many other legal provisions such as the Investment Act, the WpHG and the GewO SCOREDEX. by Johann Sternberg, project manager of Scoredex GmbH under the new rules, the management of all types of funds, also the closed, is subjected to a statutory audit. That since June 1 last year for closed-end funds valid investment law applies even for old cases continue. From July 22, new closed-end funds may are managed but only by capital management companies, which are controlled by the BFin. For the admission as external capital management company, which is the current model of closed-end funds, is an initial liquidity by at least 125,000 EUR prescribed. In addition, reserves in the amount of 25% of the previous year must be made during a closed-end Fund. Future capital management companies generally should have a liability insurance form or alternatively adequate reserves. Assets that can be zugrechnet a Fund, to be guarded by a depositary.

Normally, this is a custodian bank. But also external service providers, like accountants, tax advisors or lawyers come into question. Also the open funds and the so-called UCITS investment funds are affected by the new regulations. Still, the KAGB is different depending on the investors. Special funds and special AIF can be offered only to institutional investors like banks, pension funds, corporations and family offices or investors who invest at least. EUR 200,000. Private investors can identify only public funds and public AIF. The closed-end investment funds must in future by a Investment stock corporation or investment partnership run. A GbR no longer comes into question.