Commentaries: Art. 138a

The bankruptcy liquidator may apply to FINMA for the following:
1. to constitute a creditors' meeting and determine its powers as well as the necessary attendance and voting quorums necessary to pass resolutions;
2. to designate a creditors' committee and determine its composition and powers.
In the case of a SICAV with subfunds as defined in Article 94, a creditors' meeting or creditors' committee may be established for each subfund.
FINMA is under no obligation to follow the proposals of the bankruptcy liquidator.