1. Member States shall ensure that an authorised EU AIFM may engage in pre-marketing in the Union, except where the information presented to potential professional investors:
(a) is sufficient to allow investors to commit to acquiring units or shares of a particular AIF;
(b) amounts to subscription forms or similar documents whether in a draft or a final form; or
(c) amounts to constitutional documents, a prospectus or offering documents of a not-yet-established AIF in a final form.
Where a draft prospectus or offering documents are provided, they shall not contain information sufficient to allow investors to take an investment decision and shall clearly state that:
(a) they do not constitute an offer or an invitation to subscribe to units or shares of an AIF; and
(b) the information presented therein should not be relied upon because it is incomplete and may be subject to change.
Member States shall ensure that an EU AIFM is not required to notify the competent authorities of the cont
…