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Fund Offering Memorandum

Fund Offering Memorandum Template for Germany

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Key Requirements PROMPT example:

Fund Offering Memorandum

"I need a Fund Offering Memorandum for a new German-regulated sustainable infrastructure fund launching in March 2025, targeting institutional investors with a minimum investment of €10 million, incorporating SFDR Article 9 requirements and green energy investment focus."

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Document background
A Fund Offering Memorandum is a critical legal and marketing document used when establishing and promoting investment funds in Germany. This document is required under German law for both retail and professional investor funds, whether structured as UCITS or alternative investment funds (AIFs). The memorandum must comply with the German Investment Code (KAGB), EU regulations, and BaFin requirements, providing comprehensive information about the fund's strategy, risks, fees, and operational procedures. It serves as the primary disclosure document for potential investors and forms the contractual basis for their investment. The Fund Offering Memorandum must be regularly updated to reflect material changes and ensure ongoing regulatory compliance, making it a living document throughout the fund's lifecycle.
Suggested Sections

1. Important Information and Disclaimer: Legal disclaimers, regulatory statements, and distribution restrictions

2. Directory: Contact details of key parties including fund manager, custodian, administrators, auditors, and legal advisers

3. Definitions and Interpretation: Definitions of key terms used throughout the document

4. Executive Summary: Overview of the fund's key features, strategy, and terms

5. The Fund: Detailed description of the fund structure, legal form, and regulatory status

6. Investment Objectives and Strategy: Detailed description of investment goals, strategy, and implementation

7. Risk Factors: Comprehensive discussion of all material risks associated with the investment

8. Management and Administration: Details about the fund manager, key personnel, and service providers

9. Subscription and Redemption Procedures: Process and terms for investing in and withdrawing from the fund

10. Fees and Expenses: Complete breakdown of all fees, costs, and expenses

11. Net Asset Value Calculation: Methodology and frequency of NAV calculation

12. Distribution Policy: Policy regarding distributions and reinvestment options

13. Tax Considerations: Overview of relevant tax implications for the fund and investors

14. Regulatory Disclosures: Required regulatory information including KAGB and EU regulation disclosures

15. General Information: Additional administrative and operational information

Optional Sections

1. ESG Strategy and Disclosures: Required for funds marketing environmental or social characteristics or sustainable investment objectives under SFDR

2. Performance Fee Methodology: Required if the fund charges performance-based fees

3. Side Letter Policy: Required if the fund may enter into side letter arrangements with certain investors

4. FATCA/CRS Compliance: Detailed compliance information for funds accepting international investors

5. Conflicts of Interest: Detailed discussion of potential conflicts when these are significant

6. Co-Investment Policy: Required if the fund offers co-investment opportunities

7. Borrowing and Leverage Policy: Required for funds employing leverage or borrowing strategies

Suggested Schedules

1. Subscription Agreement: Form for investors to subscribe to the fund

2. Investment Restrictions: Detailed investment restrictions and limitations

3. Valuation Policy: Detailed methodology for valuing fund assets

4. Fee Schedule: Detailed breakdown of all applicable fees and charges

5. KIID/KID: Key Investor Information Document or PRIIPs KID as required by regulations

6. Privacy Notice: Data protection and privacy information

7. Tax Reporting Requirements: Detailed tax reporting obligations and procedures

8. Target Market Assessment: MiFID II required target market assessment

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions
Clauses








































Relevant Industries

Financial Services

Asset Management

Private Equity

Venture Capital

Real Estate

Infrastructure

Hedge Funds

Mutual Funds

Alternative Investments

Banking

Insurance

Pension Funds

Green Energy

Technology

Healthcare

Impact Investing

Relevant Teams

Legal

Compliance

Risk Management

Investment Management

Product Development

Operations

Client Services

Sales and Distribution

Marketing

Finance

Administration

Regulatory Reporting

Due Diligence

Portfolio Management

Relevant Roles

Fund Manager

Chief Investment Officer

Legal Counsel

Compliance Officer

Risk Manager

Portfolio Manager

Investment Advisor

Product Manager

Director of Operations

Chief Financial Officer

Head of Distribution

Investment Relations Manager

Due Diligence Officer

Chief Operating Officer

Fund Administrator

Regulatory Reporting Officer

Sales Director

Investment Analyst

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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