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Art. 105a

951.311CISOFederal Council OrdinanceJan 1, 2007Original source

(Art. 73 para. 2 and 2bisCISA)

Where the custodian bank transfers safekeeping of the fund’s assets to a third-party custodian or central securities depository in Switzerland or abroad, it shall verify and monitor whether the latter:1

  1. possesses an appropriate organisational structure, financial guarantees and the specialist qualifications required given the nature and complexity of the assets entrusted to it;
  2. is subject to regular external audits, thereby ensuring that it possesses the financial instruments;
  3. the assets received from the custodian bank are kept in safe custody in such a manner that by means of regular portfolio comparisons they can at all times be clearly identified as belonging to the fund’s assets;
  4. complies with the provisions applicable to the custodian bank with respect to the performance of the tasks delegated to it and the avoidance of conflicts of interest.

Footnotes

  1. Amended by Annex 1 No II 9 of the Financial Institutions Ordinance of 6 Nov. 2019, in force since 1 Jan. 2020 (AS 2019 4633).

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