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Art. 144

951.311CISOFederal Council OrdinanceJan 1, 2007Original source
  1. For collective investment schemes offered to retail clients prior to the entry into force of the amendment of 6 November 2019, simplified prospectuses and key investor information may continue to be used until 31 December 2022 in accordance with the requirements of Annexes 2 in the version of 1 March 20131and 3 in the version of 15 July 20112.3
  2. If key investor information pursuant to Annex 3 in the version of 15 July 2011 is used, including the appropriately revised presentation of the collective investment scheme’s past performance in the period to 31 December, it must be published by the fund management company and SICAV within the first 35 working days of the following year.
  3. Within two years of the entry into force of the amendment of 6 November 2019, fund management companies and SICAVs must submit the revised fund contracts and investment regulations to FINMA for approval. In special cases, FINMA may extend this time limit.4
  4. Exceptions which FINMA has granted on a case-by-case basis to fund management companies of investment funds for institutional investors with professional treasury operations in accordance with Article 2 paragraph 2 of the Investment Fund Ordinance (Art. 10 para. 5 CISA) continue to apply.
  5. For structured products offered to retail clients prior to entry into force of the amendment of 6 November 2019, simplified prospectuses may continue to be used until 31 December 2022 in accordance with the requirements of Annex 4 in the version of 1 March 20135.6
  6. The duty to inform investors pursuant to Article 6a must be satisfied at the time of the first client contact, but in any event within two years of this Ordinance coming into force.

Footnotes

  1. AS 2013 607 ↩

  2. AS 2011 3177 ↩

  3. Amended by No II of the O of 3 Dec. 2021, in force since 1 Jan. 2022 (AS 2021 835). ↩

  4. Amended by No II of the O of 3 Dec. 2021, in force since 1 Jan. 2022 (AS 2021 835). ↩

  5. AS 2013 607 ↩

  6. Amended by No II of the O of 3 Dec. 2021, in force since 1 Jan. 2022 (AS 2021 835). ↩

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