The focus: what investors need to know now!

The focus: what investors need to know now!

Landshut, Deutschland - The financial world is a dynamic place, and the latest developments related to the prospectus obligation for financial systems have clearly started driving. Consumers and investors should find out well - that's not a joke.

When it comes to the public offer of securities and assets, it will be particularly exciting. In Germany, it is not allowed to launch such offers without a prospectus approved by the Bafin. An important rule that affects not only the providers, but also the buyers. The BAFIN emphasizes that public offers from securities up to an emission volume of 8 million euros are excluded. A securities information sheet (Wib).

assets under the magnifying glass

In the case of assets, however, the world looks a little different. A maximum of 6 million euros may be emitted here every year, and an investment information sheet (VIB) is necessary. But be careful: Before the publication, this sheet and the WIB must also get green light from Bafin. This means that the providers are liable for the content in the brochures - and Bafin does not take on individual legal advice. In the event of ambiguities, lawyers or consumer advice centers will help.

Another interesting aspect is the definition of the assets. These can include shares in companies, trust, partial loans, subordinated loans and more. In plain language, this means that many different types of systems can fall under this regulation. In order to be considered a public offer, these assets must be offered to an unlimited group of people in Germany-be it through advertising or online offers.

risks and legal consequences

The legal challenges should not be underestimated: Anyone who submits a public offer without the necessary documents is illegal. Bafin is obliged to prohibit such an offer. In addition, fines of up to 500,000 euros in the event of inadequate brochures are at risk. In the worst case, the BaFin can even ask for the repayment of the investor money.

summarized it is shown that the prospectus obligation is not just a formality, but also represents important protection for everyone involved. According to anwalt.de, this protection of investor is to be ensured by comprehensive information. Even if there are opportunities to bypass the regulating requirements - for example by simplified information sheets - caution. In case of doubt, it always applies: prefer to be on the safe side!

The voice of the regional press agreed that clarity and transparency in the financial sector are essential. Ariva emphasizes that it is important to keep an overview. For investors, this means actively dealing with the offers and consulting an expert at any time. Because in the end the following applies: a good business does not go on by itself!