Ministry of Finance publishes draft to strengthen Germany as a fund location
The draft bill of the German Federal Ministry of Finance encloses both mandatory and additional measures. First of all, the implementation of the EU directive on the cross-border distribution of undertakings for collective investment (keyword: pre-marketing) and the implementation of two EU directives on sustainability are mandatory. Here, Germany is ahead of the game, at least in terms of time. Additional information is provided on the topic of strengthening Germany as a financial center. The phrasing of this goal alone makes the hearts of the fund industry beat faster; it has been a long time since they have been flattered by the government. The draft bill actually contains measures for a new open mutual fund: right after the real estate fund, the infrastructure fund is launched in a new subsection 6. There is also something for special AIFs: Section 139 of the German Investment Code gets another sentence and professional investors get a closed special AIF in the legal form of a special fund. In addition, a few details: shareholder loans in 100 percent real estate companies, further competences of the German Financial Supervisory Authority, closed master-feeder-structures for private investors and digital communication. In terms of taxation, there are new regulations for employee shareholdings in "start-ups" and a VAT exemption for administrative services for "venture capital funds". We would like to present the most important draft laws in more detail.
Note: This newsletter is only available in German language.