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Chapter II of the InvFG, to which Paragraph 30(2)(5)(a) of the BMSVG refers, is worded as follows: ‘Chapter II Provisions relating to the marketing of units of foreign investment funds Scope Paragraph 24 (1) The provisions of this chapter … apply to public offers, within the national territory, of units representing assets subject to foreign legislation which are invested according the principle of risk-spreading (units of foreign investment funds). ... Conditions for the admissibility of a public offer Paragraph 25 The public offer of units of investment funds shall be lawful in the case where 1. the foreign investment company indicates to the FMA a credit institution meeting the conditions in Paragraph 23(1), which it designates as a representative, 2. the fund assets are in the custody of a depositary bank or of an institution authorised to have custody of securities … 3. one or a number of credit institutions meeting the conditions in Paragraph 23(1), second subparagraph, are appointed as paying agencies, through which the unit-holders may make or receive payments; … ... The representative Paragraph 29 (1) The representative shall represent the foreign investment company in judicial and extra-judicial matters. It is presumed to have been authorised to receive documents addressed to the investment company, the management company, the trading company and the author of the public offer. These powers may not be restricted. (2) The court or tribunal within the jurisdiction of which the representative is domiciled shall have jurisdiction to hear and determine actions brought against a foreign investment company, a management company or a trading company in connection with the marketing of units of foreign investment funds within the national territory, and actions brought against the public body. No agreements may be made to derogate from this rule on jurisdiction. ... Obligation to notify Paragraph 30 (1) The foreign investment company must notify the FMA of its intention to market units of foreign investment funds within the national territory. (2) The following documents must be included with the notification: [There then follows very detailed information concerning the documents and information which must accompany that notification. It is also stated that the processing of the notification is subject to payment of a charge of EUR 3700 to the FMA, to which payment of an annual charge in the amount of EUR 1700 is also provided for. Failure to pay the charge within the prescribed period is to constitute a ground for prohibiting marketing of the units.] Qualifying period — Prohibition on marketing Paragraph 31 (1) The marketing of units of foreign investment funds shall not begin until four months have expired following receipt of the complete notification, on condition that the FMA has not prohibited the commencement of that marketing. Commencement of marketing shall be prohibited if the foreign investment company does not meet the condition laid down in Paragraph 25 or does not properly effect the notification referred to in Paragraph 30. ... Advertising measures Paragraph 32 (1) There shall be a ban on any advertising mentioning the powers conferred on the FMA by this Law. ...’