Application form or also entry explanation is a form for the participation of a person in a closed fund, which was provided by the offerer of the fund.

Legal bases

The investor delivers an offer with his signatures under the application form. With the acceptance by the fund company (direct participation) and/or the trust company (on trust participation) different contracts come off. During on trust participation a trust contract and an agency contract between the investor and trust company are locked. In case of a direct participation the investor offers to acquire partner rights against payment of the design sum inclusive agio. It concerns here the admission of a new limited partner. With some offerers with the direct participation besides an administrative trust contract is locked. Contractual basis are the trust contract and the articles of association, the plant to the sales folder are.

After acceptance of the offer by the (direct participation) or the trust company (on trust participation) and expiration of the period of revocation the contract becomes effective. If the investor does not pay can interests be computed and the payment-indignant investor can for payment of the design sum be sued. Frequently the pecuniary claims are retired opposite the draughtsmen as credit security opposite the financing banks of the fund.

Contents of the application form

• Name of the fund
• Personal data of the investor (name, address, occupation, telephone)
• Bank account of the investor (for transfers of the payments)
• Tax office and tax number (for the assignment of the fiscal results)
• Amount subscribed and - currency
• if necessary dates of payment with several payment rates
• desired kind of the participation (direct or on trust)
• Bank account, into the design sum and the agio to deposit are
• Revocation instruction (14 days period after signature)
• After data security explanation Federal Law for Data Protection
• Explanation of the investor that he got the folder first and from its contents of knowledge took (in particular articles of association and trust, risk references, consumer information for the remote paragraph, etc.) and that he/they recognizes contents of the contracts as obligatory.
• Explanation of the investor that it offers and/or a Kommanditanteil to acquire wants the conclusion of a trust contract.
• Explanation of the investor that no other warranties were given to it beyond the folder.
• Name of the offerer and the plant mediator (stamp field)
• Other instructions (Mindestbeteiligung, information after BGB duty to supply information regulation, etc.)

Sample of an application form

See also

Closed funds | ship funds | real estate funds | medium funds

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