Art. 128

(Art. 120 para. 2 let. d CISA)

1. A fund management company of a foreign collective investment scheme or a foreign fund management company whose collective investment scheme is approved to be offered to non-qualified investors in Switzerland shall provide evidence that it:
   1. has concluded a representative agreement in writing or in another form demonstrable via text;
   2. has concluded a paying agent agreement in writing or in another form demonstrable via text
2. The custodian bank shall provide evidence that it has concluded a paying agent agreement in writing or in another form demonstrable via text.
3. In relation to the offer of foreign collective investment schemes in Switzerland, the representative agreement specifically regulates:
   1. the rights and duties of the foreign fund management company in accordance with paragraph 1 and of the representative pursuant to Article 124 paragraph 2 of the Act, in particular with regard to its duty to report, publish and inform, as well as the code of conduct;
   2. the manner in which the collective investment scheme is offered in Switzerland;
   3. the duty of the fund management company in accordance with paragraph 1 to report to the representative, specifically with regard to changes to the prospectus and the organisational structure of the foreign collective investment scheme.
4. FINMA shall publish a list of countries with which it has concluded an agreement on cooperation and the exchange of information pursuant to Article 120 paragraph 2 letter e of the Act.