Search
Contact
15.12.2015 | KPMG Law Insights

Investment Law – Investment | Law | Compact – Issue 12/2015

Dear Readers,

A year ago, we launched our monthly newsletter Investment | Recht | Kompakt . We hope to have provided you with useful information and contributions this year. By the way: We are always happy to receive feedback on our newsletter!

Looking back, it was a year of many regulatory measures. However, 2016 will in all likelihood be no different from the previous year in this respect. Already in the next few months, a lot of work awaits the UCITS capital management companies, as UCITS V must be implemented by March 2016. In addition, the implementation of MiFID2 will still involve some effort.

But first, we wish you happy holidays and a prosperous new year!

With warm regards

Henning Brockhaus

National legislation

BaFin comments on approval procedure for investment terms and conditions of UCITS

In a letter to the investment industry, BaFin has commented on the conversion procedure of the UCITS investment conditions to the KAGB as amended by the UCITS V Conversion Act (OGAW V-UmsG). The background is the very short changeover period until March 18, 2016. On this date, the adjusted UCITS investment conditions must enter into force.

Due to the tight implementation period in combination with the expected number of amendments, the legislator has provided for the transitional provision of section 355 (5) KAGB draft in the government draft of the UCITS V Conversion Act. According to this regulation, only those amendments to the investment conditions may be applied for which are mandatory for the adaptation to the requirements of the version of the KAGB applicable as of March 18, 2016.

BaFin now provides details of its administrative practice with regard to the required amendments. According to this, the investment conditions must first be coordinated electronically with the supervisory authority. Subsequently, the capital management companies must submit written applications for approval. However, these are not to be submitted until February 22, 2016. Applications received by BaFin before this date would have to receive a negative decision from the supervisory authority, because otherwise they would be considered approved after four weeks (approval fiction, Section 163 (2) sentence 5 KAGB), but there is no legal basis for an approval of UCITS V investment conditions until March 18, 2016.

By this date, the sales prospectuses and key investor information of all UCITS must then also be revised and subsequently submitted to BaFin.

We will be happy to support and advise you on any implementation measures that may arise. Feel free to contact us.

European legislation

EU Parliament and EU Commission Consider Postponement of MiFID2

European legislators are considering postponing the planned start date of January 3, 2017 for the introduction of MiFID2 and MiFIR. The main reason for this is the costly implementation of IT infrastructure.

However, no final decision has been made yet. Please contact us if you have any questions. We will also keep you up to date here.

ESMA

Update of the Q&A catalog on the application of the AIFMD

On December 2, 2015, ESMA amended its Q&A catalog on the application of the AIFM Directive to include additional questions and answers on reporting.

You can find the updated Q&A catalog here.

Explore #more

30.09.2026 | KPMG Law Insights

Mixed-Use Real Estate as an Opportunity for Downtown Areas

Downtown areas should be vibrant, sustainable, and attractive. But the traditional business model behind them—retail—is becoming less and less viable. Rents are high, customers are…

28.09.2026 | Deal Notifications

KPMG Law and KPMG are advising Rohde & Schwarz on the acquisitions of NEOSAT and PHYTRONIC

KPMG Law Rechtsanwaltsgesellschaft mbH (KPMG Law) and KPMG AG Wirtschaftsprüfungsgesellschaft (KPMG) advised the Munich-based technology group Rohde & Schwarz on its acquisitions of NEOSAT GmbH…

28.09.2026 | Deal Notifications

KPMG Law and KPMG are advising Diehl Defence on the acquisition of the Dr. Carls aerial imagery database

KPMG Law Rechtsanwaltsgesellschaft mbH (KPMG Law) and KPMG AG Wirtschaftsprüfungsgesellschaft (KPMG) advised Diehl Defence on its acquisition of the aerial imagery database Dr. Carls GmbH.…

26.09.2026 | In the media

Op-Ed in *Lebensmittelzeitung*: PPWR Introduces New Requirements for the Food Industry

The EU Packaging Regulation (PPWR) has been in effect since August 12, 2026—and presents companies in the food industry with a question that requires urgent…

18.09.2026 | Press releases

KPMG Law Honored at the PMN Management Awards

KPMG Law was awarded first place in the Business Development category at this year’s PMN Management Awards. In addition, the project “The Agent-Based Law Firm”…

18.09.2026 | KPMG Law Insights

How the Data Act Affects the Drafting of Lease Agreements

The EU Data Act is also of great significance to the real estate industry, as modern commercial properties have become data spaces. Heating and air…

15.09.2026 | KPMG Law Insights

Reporting Deadlines for Cyber Incidents Under the GDPR, BSIG, and CRA—Every Hour Counts

After a cyber incident, companies have only 24 or 72 hours to file their initial report with the authorities. A single incident can trigger multiple…

11.09.2026 | KPMG Law Insights

The Procurement Acceleration Act and Sustainable Procurement: What Is Permitted and What Is Required?

The Public Procurement Acceleration Act took effect on July 1, 2026. The Act implements the reform of public procurement law that has been under discussion…

08.09.2026 | Deal Notifications

KPMG Law advises the shareholders and management of KODIAK on the sale of shares and the strategic partnership with Bencis

KPMG Law Rechtsanwaltsgesellschaft mbH (KPMG Law) advised the shareholders and management of KODIAK GmbH (KODIAK) on the sale of shares to Bencis and the establishment…

07.09.2026 | In the media

KPMG Law advises Bosch Rexroth on the sale of its Active Shuttle product business to Neura Robotics

KPMG Law Rechtsanwaltsgesellschaft mbH (KPMG Law) has provided legal counsel to Bosch Rexroth AG (Bosch Rexroth) in the sale of its product business related to…

Contact

Henning Brockhaus

Partner

THE SQUAIRE Am Flughafen
60549 Frankfurt am Main

Tel.: +49 69 951195061
hbrockhaus@kpmg-law.com

© 2026 KPMG Law Rechtsanwaltsgesellschaft mbH, associated with KPMG AG Wirtschaftsprüfungsgesellschaft, a public limited company under German law and a member of the global KPMG organisation of independent member firms affiliated with KPMG International Limited, a Private English Company Limited by Guarantee. All rights reserved. For more details on the structure of KPMG’s global organisation, please visit https://home.kpmg/governance.

KPMG International does not provide services to clients. No member firm is authorised to bind or contract KPMG International or any other member firm to any third party, just as KPMG International is not authorised to bind or contract any other member firm.

Scroll