Apply for certificate of approved depository for the land registry office Unfortunately this specification of service has not yet been completely translated.

For land register entries concerning fund properties, you as a capital management company may in some cases require a so-called Land Registry certificate.

As a capital management company (KVG) that can dispose of real estate for the following investment products:

  • Real estate special funds,
  • domestic special AIFs with fixed investment conditions or
  • Closed-end public AIFs,

you are required by law to have the responsible custodian entered in the land register when acquiring or disposing of the property, or later to prove its legitimacy to consent to a disposal.

In order to be able to prove to the land registry that the custodian has been approved by the Federal Financial Supervisory Authority (BaFin), you need a certificate. You must apply to BaFin in writing for this so-called Land Registry certificate.

  • if applicable, power of attorney of the applicant, if the KVG does not submit the application itself but has itself represented

Forms: no
Online procedure possible: no
Written form required: yes
Personal appearance required: no








Preconditions

The Depositary has been approved by the German Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht).

§ 246 II KAGB and § 264 II KAGB

Related Links

  • § 246 Absatz 2 Kapitalanlagegesetzbuch (KAGB)
  • § 284 Absatz 1 i.V.m. § 246 Absatz 2 Kapitalanlagegesetzbuch (KAGB)
  • § 264 Absatz 2 Kapitalanlagegesetzbuch (KAGB)

Related Links

  • Internetseite der Bundesanstalt für Finanzdienstleistungsaufsicht

You must apply for the Land Registry certificate informally in writing.

  • In your application, state the exact name of the investment fund and, if applicable, its previous name designations as well as the unit of Department WA 4 responsible for supervision.
  • If possible, send the application by post to BaFin in Frankfurt am Main.
  • You will receive the certificate by post after it has been checked.

Responsible for the content
Federal Ministry of Finance

Last update or date of publication
29.07.2021