The Federal Financial Supervisory Authority (Bafin) warns consumers about the services offered on the website utewealth(.)com. Bafin suspects the unknown operators of the website of offering consumers financial and investment services without the required authorisation.
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On 27 May 2026, the Federal Financial Supervisory Authority (BaFin) prohibited the public offering of participation certificates of AMAGVIK Int. AG, based in St. Gallen, Switzerland, due to a violation of the German Capital Investment Act (VermAnlG). For this reason, AMAGVIK Int. AG may not offer its own participation certificates to the public in Germany.
BaFin has issued a final enforcement measure prohibiting AMAGVIK Int. AG, a Swiss issuer, from publicly offering its participation certificates (capital investments) in Germany due to the absence of a BaFin-approved prospectus under the German Capital Investment Act (Vermögensanlagengesetz – VermAnlG). This action underscores that any public offer of capital investments into Germany – including cross‑border offers from non‑German entities – must be preceded by an approved sales prospectus that meets VermAnlG content and form requirements.
What Changed
- - AMAGVIK Int. AG is expressly prohibited from offering its own participation certificates (a form of capital investment) to the public in Germany due to non-compliance with VermAnlG prospectus...
- BaFin has confirmed that the prohibition measure is final and binding, meaning the firm has no remaining ordinary legal remedies to continue the offering in Germany without a compliant prospectus.
- The case reiterates that public offers of capital investments in Germany require prior publication of a sales prospectus approved by BaFin, containing the minimum information mandated by VermAnlG.
- BaFin’s prospectus approval is limited to verifying completeness, understandability, coherence, and consistency of the information, and does not assess factual correctness of the data, the...
- Issuers of capital investments remain fully liable for the accuracy of the information in the prospectus and must clearly state in the prospectus that BaFin does not check correctness of content,...
Suggested Considerations
- Verify immediately whether any existing or planned offerings of participation certificates or other VermAnlG‑covered capital investments to German investors are supported by a BaFin‑approved prospectus, and suspend public offers where no such prospectus exists.
- Review all cross‑border distribution arrangements to ensure non‑German issuers offering capital investments into Germany understand and comply with VermAnlG prospectus obligations before any public marketing or solicitation.
- Implement or strengthen internal controls requiring legal/compliance sign‑off that a BaFin‑approved prospectus is in place (and properly filed) prior to any public offering of capital investments, especially for retail distribution.
- Update product governance and new product approval policies to explicitly cover VermAnlG capital investments, including participation certificates, and to require checks against BaFin’s prospectus database before onboarding or recommending such products.
- Enhance due diligence procedures on third‑party issuers (including Swiss and other non‑EU issuers) to confirm prospectus approval status, prospectus content compliance, and clear disclosure that BaFin does not verify correctness or product quality.
Key Dates
- BaFin issues a warning about offers from Gallus Immobilien entities and AMAGVIK Int. AG being made without the legally required sales prospectus, signalling early supervisory concern with these products
- BaFin formally prohibits the public offer of AMAGVIK Int. AG participation certificates in Germany due to violation of the Vermögensanlagengesetz prospectus requirement
- BaFin publishes the enforcement notice on its website, making the prohibition publicly known to investors, intermediaries, and other market participants
- The BaFin prohibition becomes final (bestandskräftig), confirming that AMAGVIK Int. AG may not publicly offer its participation certificates in Germany absent full compliance with VermAnlG prospectus rules
- BaFin modifies/updates the publication, indicating continuing attention to the case and ensuring market participants have the latest information on the enforcement status
Compliance Impact
Non-compliance with VermAnlG prospectus requirements for public offerings of capital investments in Germany can result in formal prohibition orders, reputational damage, potential civil liability to investors, and supervisory follow‑up on distributors and intermediaries connected to the products. The AMAGVIK Int. AG case demonstrates BaFin’s willingness to escalate from warnings to binding enforcement, making this a high‑impact area for cross‑border product distribution and investor protection compliance.
AI-generated analysis. May contain errors or omissions — verify with the
original BaFin source
before acting. Full disclaimer.
Asset ManagerWealth ManagerBroker Dealer On 18 April 2026, the Federal Financial Supervisory Authority (Bafin) prohibited TGI AG from offering capital investments under the names of “Customer Basic 2%” and „Customer Basic 2% + Treuerabatt” (Customer Basic 2% + loyalty discount) to the public due to a violation of the German Capital Investment Act (VermAnlG). In return for the temporary provision of money, these investments grant interest and the physical delivery of gold. TGI AG may not offer the capital investments in question for ...
BaFin has prohibited TGI AG from publicly offering its gold‑linked products “Customer Basic 2%” and “Customer Basic 2% + Treuerabatt” in Germany because the firm launched a public offer of capital investments without an approved prospectus under the German Capital Investment Act (Vermögensanlagengesetz – VermAnlG). The order is immediately enforceable and has become final, underscoring that any structured gold or commodity “discount” or deferred-delivery model that involves interest and repayment of money will be treated as a VermAnlG capital investment requiring a BaFin‑approved prospectus before public marketing.
What Changed
- - BaFin has formally classified the products “Customer Basic 2%” and “Customer Basic 2% + Treuerabatt” as capital investments (Vermögensanlagen) because customers temporarily provide money in return...
- BaFin has prohibited TGI AG from offering these specific capital investments to the public in Germany, meaning no marketing, distribution, or sale of these products to German investors.
- The prohibition initially took effect on an immediately enforceable basis and has since become final, removing any remaining legal uncertainty over the enforceability of the order.
- The enforcement action confirms BaFin’s expectation that any public offer of capital investments in Germany must be preceded by publication of a prospectus that has been approved (“gebilligt”) by...
- BaFin reiterates that its prospectus review is limited to completeness, coherence and comprehensibility of mandatory disclosures and does not involve verification of factual accuracy, issuer...
Suggested Considerations
- Identify and classify all existing and planned gold‑linked, commodity‑linked, or “discount”/loyalty investment models offered to German‑resident clients to determine whether they qualify as capital investments (Vermögensanlagen) under VermAnlG rather than simple goods purchases.
- Implement an internal product‑approval control that requires legal determination of the regulatory perimeter (VermAnlG, KWG, WpPG, etc.) before any public offer or marketing of investment‑like products in Germany.
- Ensure that no public offers of capital investments are made in Germany unless and until a prospectus has been prepared in accordance with VermAnlG and formally approved by BaFin, and is then published and made available to investors.
- Review distribution and marketing materials (websites, brochures, social media campaigns, affiliate and MLM networks) to remove any references to capital investment‑type products that lack an approved prospectus for the German market.
- Establish a process to check BaFin’s prospectus database prior to launch to confirm that the final approved prospectus is duly filed and accessible, and maintain internal evidence of filing and approval.
Key Dates
- BaFin issues the prohibition order against TGI AG’s public offer of “Customer Basic 2%” and “Customer Basic 2% + Treuerabatt” due to missing BaFin‑approved prospectuses under VermAnlG; the measure is immediately enforceable
- BaFin publishes the enforcement notice on its website, formally informing the market that TGI AG may not offer the relevant capital investments for sale in Germany
- Publication date stated on the BaFin notice, indicating the formal consumer communication of the prohibition
- BaFin updates the notice to confirm that the prohibition decision has become final (bestandskräftig), closing off ordinary appeals and confirming its long‑term validity
Compliance Impact
Non‑compliance with VermAnlG prospectus requirements can lead to immediate and final prohibitions on product offerings, forced cessation of marketing and distribution activities, reputational damage, and potential civil liability for issuers. For cross‑border precious metals and alternative investment firms, failure to treat such schemes as regulated capital investments may also trigger wider supervisory investigations into unauthorised business and investor protection breaches.
AI-generated analysis. May contain errors or omissions — verify with the
original BaFin source
before acting. Full disclaimer.
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