German draft bill strengthening investment fund industry and implementing EU Directive 2019/1160 on cross-border distribution

The German Ministry of Finance issued a draft law Fondsstandortgesetz (FoG) (the Fund Location Act) the 3rd of December 2020 to strengthen investment fund activity in Germany and to implement the Directive (EU) 2019/1160 of 20 June 2019 amending Directives 2009/65/EC and 2011/61/EU with regard to cross-border distribution of collective investment undertakings (UCIs).

Germany is one of the first European countries to propose a draft bill with this regard.

The draft bills based on 8 main topics:

  • National legal change to the Value Added Tax Act
  • Enhancement of the employee equity investment tax conditions
  • Several reduction of bureaucracy for fund administrators
  • Further digitisation of supervision
  • More flexibility for real estate fund managers
  • Expansion of the product range for fund managers
  • Regulation on the termination of marketing of cross-border funds distributed into Germany
  • Pre-marketing regulation for investment funds

The implementation deadline of the the European rules into national law for every country is 2 August 2021.

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