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Art. 133

951.311CISOFederal Council OrdinanceJan 1, 2007Original source

(Art. 75–77, 83 para. 4 and 124 para. 2 CISA)1

  1. The representative of a foreign collective investment scheme shall publish the documents pursuant to Articles 13a and 15 paragraph 3, as well as the annual and semi-annual report, in an official language or in English. FINMA may authorise publication in another language, provided publication is directed only towards a specific investor eligibility.2
  2. The following must be indicated in the publications and marketing material:
    1. the country of domicile of the collective investment scheme;
    2. the representative;
    3. the paying agent;
    4. 3 the location where the documents pursuant to Articles 13a and 15 paragraph 3, together with the annual and semi-annual report, may be obtained.
  3. If in place of the key information document an equivalent document in accordance with Annex 10 of the Financial Services Ordinance of 6 November 20194is used, the information in accordance with paragraph 2 may be contained in an annex to the key information document.5
  4. The representative of a foreign collective investment scheme shall submit the annual and semi-annual reports to FINMA immediately, notify it of amendments to such documents pursuant to Article 13a immediately and publish such amendments in the media of publication. Articles 39 paragraph 1 and 41 paragraph 1, second sentence, apply accordingly.6
  5. It shall publish the net asset values of units at regular intervals.
  6. The publication and reporting regulations do not apply to foreign collective in- vestment schemes that are exclusively offered to qualified investors.7

Footnotes

  1. Amended by No I of the O of 13 Feb. 2013, in force since 1 March 2013 (AS 2013 607).

  2. Amended by Annex 11 No 1 of the Financial Services Ordinance of 6 Nov. 2019, in force since 1 Jan. 2020 (AS 2019 4459).

  3. Amended by No I of the O of 13 Feb. 2013, in force since 1 March 2013 (AS 2013 607).

  4. SR 950.11

  5. Inserted by Annex 11 No 1 of the Financial Services Ordinance of 6 Nov. 2019, in force since 1 Jan. 2020 (AS 2019 4459).

  6. Amended by No I of the O of 13 Feb. 2013, in force since 1 March 2013 (AS 2013 607).

  7. Inserted by No I of the O of 13 Feb. 2013 (AS 2013 607). Amended by Annex 11 No 1 of the Financial Services Ordinance of 6 Nov. 2019, in force since 1 Jan. 2020 (AS 2019 4459).

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