Erscheinung:16.06.2025 | Topic Unauthorised business, Consumer protection M.Plus Life Sciences AG: suspected offer to the public of registered shares by M. Plus Life Sciences AG without the required prospectus
The Federal Financial Supervisory Authority (BaFin) has sufficient grounds to suspect that M. Plus Life Sciences AG is offering securities to the public in Germany in the form of registered shares of M. Plus Life Sciences AG in exchange for the “acquisition” of fund units of Multi Asset Portfolio GmbH & Co. KG. The prospectus required for this offer has not been published. There are no indications that the conditions for an exemption from the prospectus requirement are met.
Background information:
As a rule, securities may be offered to the public in Germany only if a prospectus has been published. This prospectus must be approved by BaFin prior to publication. Offering securities to the public without an approved prospectus constitutes a violation of the prospectus requirement under Article 3(1) of the EU Prospectus Regulation – unless an exemption applies.
During the prospectus approval process, BaFin checks whether the minimum information required by law is included in the prospectus and whether its content is understandable, coherent and consistent. However, BaFin is not responsible for checking whether the information contained in the securities prospectus is correct, for assessing the integrity of the issuer, or for reviewing the product in question.
Offerors and issuers can be held liable for failing to publish a prospectus as required (section 14 of the German Securities Prospectus Act (Wertpapierprospektgesetz – WpPG)). The parties responsible for the prospectus are liable for the accuracy and completeness of the information contained in the securities prospectus (sections 9 and 10 of the WpPG).
Violations of the prospectus requirement are punishable by a fine of up to EUR 5 million or 3% of total revenues for the previous financial year. Fines of up to twice the economic advantage gained from committing the offence may also be imposed.
BaFin advises consumers to base all investments in securities solely on the information offerors are required to provide by law.
You can check whether an approved prospectus for an offer of securities to the public has been filed with BaFin by viewing the database Prospectuses filed on the BaFin website.
Please note:
BaFin performs its functions and exercises its powers exclusively in the public interest in accordance with section 4 (4) of the Act Establishing the Federal Financial Supervisory Authority (Finanzdienstleistungsaufsichtsgesetz – FinDAG). Due to their statutory obligation of confidentiality, BaFin’s staff are not in a position to provide third parties with information regarding the progress and results of administrative proceedings.
However, there are ways in which you can support BaFin’s work: if you have any specific information about the offeror mentioned above – such as contract templates, email addresses, telephone or fax numbers of contact persons or the offeror’s account details – please do not hesitate to get in touch with our contact point for whistleblowers.
