Remark: This is a translation of the German sub-page. The German version shall be binding for the interpretation of this sub-page.
Bantleon GmbH
In the unlikely event that a conflict of interest could not be managed by the Management Company or its delegates, confidentiality permitting, the Management Company will take the relevant measures to inform the investors.
In case you would need to address any complaint to the Management Company, please send your concerns to:
Bantleon GmbH
Complaints Handling Officer
An der Börse 7
30159 Hannover
Telephone: +49 (0) 511 288 798-0
Contact via E-Mail
The Complaints Handling Officer will confirm receipt of your mail/e-mail and organize the answer to your concerns in the shortest possible timeframe.
1. Overview
This document outlines Bantleon GmbH’s general remuneration principles, which have the following aims:
- The remuneration principles promote a solid and effective risk management environment in line with investors’ interests and discourage staff from taking on risks that are not compatible with the risk profiles, contractual terms and articles of association of the funds managed by the Management Company.
- They are aligned with the Management Company’s corporate strategy, objectives, values and interests and those of the funds it manages as well as investors in such funds and include measures to avoid conflicts of interest. The remuneration principles are also in line with the sustainability objectives of the Company and the managed funds and promote the identification, analysis and mitigation of sustainability risks.
- They guarantee that remuneration complies with the applicable regulatory requirements, specifically (i) § 37 of the German Capital Investment Code (Kapitalanlagegesetzbuch, KAGB), (ii) the UCITS Directive 2014/91/EU, (iii) the ESMA final report on sound remuneration policies under the UCITS Directive and AIFMD of 31 March 2016 and (iv) the Regulation (EU) 2019/2088 on sustainability-related disclosure requirements in the financial services sector.
This remuneration policy applies to employees of Bantleon GmbH who qualify as »identified staff«, including the Executive Board, Portfolio Management, Compliance and Risk Management. All employees in the above functions are in a position to exert a potentially material influence, either individually or collectively, on the balance sheet and/or the income statement by endangering performance targets or on the risk profiles of the funds managed by the Management Company.
2. Calculation of remuneration
The remuneration paid to the Management Company’s employees comprises a fixed component and a variable component. The two components are suitably proportionate to each other and do not create an incentive to take on risks that are not compatible with the risk profiles and investment restrictions of the investment portfolios the employees manage. The fixed component is sufficient to ensure a flexible policy with regard to the variable component, which may be omitted entirely.
Guaranteed variable remunerations (bonuses) are only offered at the start of an employment relationship, and then only for a maximum of one year.
3. Principle of proportionality
The principle of proportionality allows the Management Company to exclude certain requirements of the UCITS Directive 2014/91/EU. Specifically, the Management Company does not comply with the requirements for payments to identified staff set out in the following paragraphs of the Directive:
- Art. 14b para. 1 h) assessment of performance set in a multi-year framework and actual payment of performance-related components of remuneration spread over the same period;
- Art. 14b para. 1 l) adjustment mechanism for variable remuneration components;
- Art. 14b para. 1 m) payment in the form of fund shares;
- Art. 14b para. 1 n) deferred payment.
4. Identity of persons responsible for allocation
The senior management of the Management Company is responsible for drafting, reviewing and implementing the remuneration policy and for allocating remuneration.
5. Review and amendment
These remuneration principles are reviewed at least once a year.
The following is a summary of the legal enforcement options available to shareholders in addition to the classic civil law action before the ordinary courts.
Extrajudicial involvement of disputes
Shareholders have the right to apply to the competent supervisory authority, the Commission de Surveillance du Secteur Financier (CSSF), for an out-of-court settlement of a complaint (https://www.cssf.lu/de/kundenbeschwerden/).
EU online dispute resolution platform
In the event of disputes concluded in connection with electronically concluded purchase or service contracts, consumers can also turn to the EU's online dispute resolution platform (www.ec.europa.eu/consumers/odr). The following e-mail address can be given as the contact address of Bantleon GmbH: legal(at)bantleon.com.
The platform only establishes contact between the parties and a competent national dispute resolution body, it is not a dispute resolution body itself.
The right to appeal to the courts remains unaffected by a conciliation procedure.
Right of revocation pursuant to § 305 of the German Investment Act (Kapitalanlagegesetzbuch - KAGB)
If the purchaser of units of an open-ended investment fund has been determined to make a declaration of intent to purchase by oral negotiations outside the permanent business premises of the person who sold the units or brokered the sale, the purchaser shall only be bound by this declaration if he or she does not revoke it in text form within a period of two weeks with Bantleon GmbH or a representative within the meaning of § 319 KAGB; this shall also apply if the person who sold the units or brokered the sale does not have permanent business premises. In the case of distance selling transactions, § 312g (2) sentence 1 number 8 BGB shall apply analogously.
The timely dispatch of the declaration of revocation shall be sufficient to comply with the time limit. The revocation period shall not begin to run until the copy of the application to conclude the contract has been handed over to the buyer or a purchase invoice has been sent and the copy or the purchase invoice contains instructions on the right of revocation that meet the requirements of Article 246 (3) sentences 2 and 3 of the Introductory Act to the German Civil Act. The burden of proof shall be on the seller if the commencement of the period is disputed pursuant to Article 305 (2) sentence 2 KAGB.
The right of withdrawal does not apply if the seller proves that
1. the buyer is not a consumer within the meaning of section 13 of the Civil Act, or
2. he/she visited the buyer for the negotiations leading to the sale of the units on the basis of a prior appointment in accordance with section 55(1) of the Trade, Commerce and Industry Regulation Act.
If the purchaser has already made payments and the revocation has already taken place, Bantleon GmbH is obliged to pay the purchaser, if necessary concurrently with the retransfer of the purchased shares, the costs paid as well as an amount corresponding to the value of the paid shares on the day after receipt of the declaration of revocation.
It is not possible to waive the right of revocation.
The previous provisions on the right of revocation for the purchase of units shall apply analogously to the sale of units by the investor.
Sample declaratory action
In the event of disputes with Bantleon GmbH, consumers domiciled in Germany have the right to participate in a class action in the sense of a model declaratory action pursuant to § 606 ZPO.
The publications, data, statements and other information (collectively referred to as »Information«) contained on the website under the name of Bantleon Invest AG are intended exclusively for clients of Bantleon Invest AG and other recipients within the Federal Republic of Germany.
No offer, no advice
This information does not constitute an offer to buy, sell or subscribe to any fund units, securities, financial products or other investment instruments. Nor does it constitute a recommendation or advisory service by Bantleon Invest AG with regard to one or more of the financial products described on the Bantleon Invest AG website. If you require further information on our funds, our employees will be happy to assist.
Sources/Actuality
The information shown is based on sources that we consider to be reliable. However, as we do not check these sources impartially, we cannot assume any guarantee or responsibility for the accuracy and completeness of the information presented here. Nor can any guarantee be given that the information is up to date and remains correct. On the contrary, the contents may be changed at any time without this having to be published.
Recordings of telephone calls
Due to the provisions of investment law, all telephone conversations in the departments Portfolio Management Equities and Portfolio Management Bonds as well as with the responsible Head and the responsible Member of the Management Board of Bantleon Invest AG are recorded.
Reference to the websites of other companies
Insofar as our website refers to the content of the websites of other companies or providers by means of hyperlinks, these websites are not subject to the control of Bantleon Invest AG, which is why we cannot assume any responsibility or liability for the information contained therein. Neither does Bantleon Invest AG approve of this content or adopt it as its own.
Use of the information shown
Any use or reproduction of the information contained on the Bantleon Invest AG website is only permitted with the prior written authorisation of Bantleon Invest AG.
For US citizens
The information on the website is not intended for distribution in the United States of America or to US persons (this applies to persons who are citizens of the United States of America or have their domicile there, as well as partnerships or corporations formed in accordance with the laws of the United States of America or a state, territory or possession of the United States).
Report on the five most important execution platforms
Bantleon Invest AG publishes the report on the five most important execution platforms annually, by 30 April at the latest, in order to inform its clients about the selected execution platforms. This report is based on the requirements of Delegated Regulation (EU) 2017/576, which came into force in 2018, and is aimed at clients for whom Bantleon Invest AG provides financial portfolio management services in accordance with Section 20 (2) and (3) of the German Investment Act (Kapitalanlagegesetzbuch). These are professional clients within the meaning of the German Securities Trading Act in the asset management of a direct portfolio as well as Management Companies for which Bantleon Invest AG acted as external asset manager of investment funds in the reporting year.
The respective reports contain information on the five most important execution platforms in terms of trading volume in the previous calendar year, broken down by category of financial instrument and execution channel. The reports each consist of a descriptive continuous text and a table describing the percentage distribution of the trading volume across the execution platforms.
To enable the data to be analysed automatically, the table section of the report is also made available as an open file.
The report for the previous period is also available for comparison purposes.
2022 - MiFID II and TOP 5 (only available in German)
MiFID II Ausführungsgrundsätze 2022 Warburg Invest AG (pdf, 459KB)
2022 MiFID II Veröffentlichung Top5-Jahresbericht (xlsx, 32KB)
2021 - MiFID II and TOP 5 (only available in German)
MiFID II Ausführungsgrundsätze 2021 Warburg Invest AG (pdf, 490KB)
2021 MiFID II Veröffentlichung Top5-Jahresbericht (xlsx, 35KB)
The European MiFID Template
Please consider the following important information when using this file. If you do not agree with the following important information, please do not use this file.
This file contains certain data in the format »European MiFID Template« (EMT) in relation to investment funds of Bantleon Invest AG registered for public distribution (hereinafter referred to as »MiFID II data«). The MiFID II Data is prepared by Bantleon Invest AG against the background of certain disclosure obligations applicable to investment firms since 3 January 2018, in particular pursuant to Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments (MiFID II Directive) and Commission Delegated Regulation (EU) 2017/565 of 25 April 2016 supplementing the MiFID II Directive (collectively referred to as the »MiFID II Regulations«).
The purpose of providing MiFID II data via the EMT is to support those distribution partners who comply with the requirements of the MiFID II Regulations or wish to become compliant (Bantleon Invest AG - distribution partners). Distributors and investors of Bantleon Invest AG are hereinafter referred to as the »Receiving Party« or collectively as the »Receiving Parties«.
Important note: The providing of MiFID II data via EMT constitutes neither distribution nor investment advice with regard to an investment fund of Bantleon Invest AG. Furthermore, possible investment restrictions or distribution restrictions for the respective investment fund are not affected. Bantleon Invest AG authorises the use of MiFID II data exclusively for the aforementioned purposes.
Subject to the terms of any separate agreement that the receiving party may have entered into with Bantleon Invest AG, the MiFID II data will be made available to the receiving party under the following conditions:
- The receiving parties should independently verify for themselves whether the MiFID II data is suitable for their respective purposes. Bantleon Invest AG assumes no responsibility or liability with respect to the MiFID II data.
- It is the sole responsibility of the Bantleon Invest AG distribution partner to make any necessary or recommended adjustments to the information in the MiFID II data, including such changes as may be required or advisable under the relevant national implementing legislation of the MiFID II Directive.
- Bantleon Invest AG provides the MiFID II data to Bantleon Invest AG investors on a purely voluntary basis, without any representation and/or warranty that the information contained in the MiFID II data fulfils any particular purpose. In particular, the MiFID II data displayed in EMT format may not be sufficient or appropriate to provide assistance in making an informed investment decision without further explanation and additional information, in particular the information contained in the relevant sales documents of the investment fund (e.g. fund prospectus, KIID).
- Bantleon Invest AG reserves the right to discontinue the disclosure of information and support regarding the MiFID II requirements of Bantleon Invest AG distribution partners at any time.
The current templates can be found in the download section of the funds.
The engagement reports can be found on the page Sustainability as Management Company in the section Engagement and voting rights
Due to the amendment of the requirements of the Ordinance on the Specification of Conduct Rules and Organisational Rules under the German Investment Act (KAVerOV) as a result of the Delegated Directive (EU) 2021/1270 amending Directive 2010/43/EU (UCITS-DRL) applicable to UCITS management companies with regard to the integration of sustainability risks and factors, information must now be provided on how sustainability risks are systematically integrated into the company's internal processes.
The requirements applicable to AIF managers under Delegated Regulation (EU) 2021/1255 amending Delegated Regulation (EU) No. 231/2013 (AIFM Regulation) do not have to be implemented in national law, but apply directly.
The requirements relate to the investment process, risk management and internal governance (e.g. handling conflicts of interest) of the company. As a number of requirements relating to the rules of conduct and organisation are already laid down in other regulations, the German Federal Financial Supervisory Authority (BaFin) will only address separately those points that do not explicitly arise from the existing references to other laws/regulations as part of the specification of the rules of conduct and organisation in accordance with the German Investment Act (KAVerOV).
This applies in particular to
- Resources and expertise (section 4 (2) no. 4 KAVerOV-E)
- Consideration of sustainability risks in risk management and the most important adverse effects of investment decisions (PAIs) in the investment process (section 5 (2) KAVerOV-E)
- Definitions of risks (section 5 (3) KAVerOV-E): addition of sustainability risks and factors to the previous list
The company will publish information on the aforementioned points on its website on 1 January 2023. Taking into account the size of the company, no earlier publication will be made, as the company does not have an annual average of more than 500 employees and has not voluntarily agreed to take these effects into account at this time as part of the comply-or-explain declaration pursuant to Art. 4 (1) SFDR.
As part of the implementation of the compliance strategy at Bantleon Invest AG, a digital whistleblower system was commissioned to provide an internal reporting channel for employees and business partners (customers, suppliers, etc.) to ensure ethical and legally compliant behaviour.
IBS data protection services and consulting GmbH provides this web-based whistleblower system for the receipt of reports and the implementation of follow-up measures and, as an independent and neutral ombudsman, ensures that the internal reporting channel for whistleblowers is securely designed, set up and operated.
To the whistleblower system of IBS data protection services and consulting GmbH
This overview is intended to set out the most central and important rights as a shareholder of BANTLEON SELECT SICAV, for which Bantleon Invest AG has been appointed as Management Company, within the meaning of the European Union Regulation on facilitating cross-border distribution (Regulation (EU) 2019/1156). This is not a complete list of all rights. Shareholders should always read the relevant legal documents of BANTLEON SELECT SICAV in full and consult their professional advisers.
Right to information
Shareholders may request copies of the fund's legal documents (including the articles of incorporation, the prospectus, the key information documents, the semi-annual and annual reports, the issue and redemption prices, the shareholder notices and the agreements concluded between the custodian and Bantleon GmbH). They are also published on the website of Bantleon GmbH.
Right to attend and vote at meetings of shareholders
Every investor in the BANTLEON SELECT SCAV has the right to be notified of meetings of shareholders in order to attend and vote in person or by proxy.
Right to redemption or conversion of shares
Shareholders may, where applicable, process subscription, repurchase, redemption and conversion requests through the relevant Registrar and Transfer Agent, subject to the conditions set out in the prospectus.
Right to data protection
Subject to applicable law, shareholders may have rights in relation to their personal data. A copy of the Privacy Policy can be accessed at https://www.bantleon.com/en/privacy/data-protection-notice-eu and https://www.bantleon.com/en/privacy/data-protection-notice-ch.
Right to complain
Any shareholder who is dissatisfied with their experience as a shareholder in BANTLEON SELECT SICAV should contact Bantleon GmbH. Information on the complaints procedure is available at https://www.bantleon.com/en/general-information.