Prospectuses

In principle, a prospectus approved by BaFin must be published for securities and asset investments that are offered to the public in Germany. The type of prospectus depends on the investment offered: For securities, a so-called securities prospectus must be prepared. Asset investments which are an asset class defined by German law, such as KG shares (a legal form of company defined by German law), silent partnerships, subordinated loans or profit participation rights, require a sales prospectus.

BaFin only examines the completeness of the prospectus, which includes the coherence (internal consistency) and the readability of the prospectus. The accuracy of the content of the prospectus is not examined. But this is also of crucial importance, because the prospectus is the central basis of liability for the investor. If the prospectus does not contain all the essential information for the investment decision or if the information in the prospectus does not correspond to the actual circumstances, the investor can claim damages.

Our range of services includes:

  • Preparation and conception of prospectuses

  • Support in the approval procedures at BaFin

  • Counselling after publication of the prospectuses with regard to notification requirements

  • Preparation of prospectus supplements

We are also happy to review prospectuses that have already been prepared and published to ensure that they comply with the applicable legal provisions.

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mzs Rechtsanwälte

mzs Rechtsanwälte vereidigter Buchprüfer Meyer zu Schwabedissen und Partner mbB is a law firm specialising in banking, capital markets and insurance law. Within this area of practice, we pursue a comprehensive advisory approach: we represent all market participants on all legal issues related to the structuring and distribution of financial and insurance products. It is precisely because we know the perspectives of the various market participants that we can offer our clients particularly proficient advice. The assignment of lawyers who are optimally suited for the specific task at hand ensures an efficient and competent pursuit of the clients’ goals.

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