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Art. 15

951.311CISOFederal Council OrdinanceJan 1, 2007Original source

(Art. 16 CISA)

  1. The licensees, with the exception of the custodian bank, shall report:
    1. any change in the persons responsible for the administration and the management;
    2. 1 facts which might call into question the good reputation or the guarantee of irreproachable business conduct by the persons responsible for the administration and the management, specifically the instigation of criminal proceedings against them;
    3. any change in significant equity holders, except for company shareholders in a SICAV and limited partners in an LPCI;
    4. facts which might call into question the good reputation of significant equity holders, specifically the instigation of criminal proceedings against them;
    5. facts which call into question the prudent and sound business practice of the licensees owing to the influence of the significant equity holders;
    6. any change with respect to the financial guarantees (Art. 13), in particular if the minimum requirements are no longer met.
  2. The custodian bank shall report any change of executive persons entrusted with the performance of the custodian bank's duties (Art. 72 para. 2 CISA).
  3. Furthermore, changes to the prospectus as well as to the key information document must also be reported in accordance with Articles 58–63 and 66 FinSA2.3
  4. The representatives of foreign collective investment schemes that are not offered exclusively to qualified investors must report:4
    1. 5 measures taken by a foreign supervisory authority against the collective investment scheme, specifically its withdrawal of approval;
    2. 6 changes to the documents for foreign collective investment schemes in accordance with Article 13a ;
    3. 7
  5. The report must be made immediately to FINMA, which shall establish whether the reported facts comply with the Act.

Footnotes

  1. Amended by No I of the O of 31 Jan. 2024, in force since 1 March 2024 (AS 2024 73).

  2. SR 950.1

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

  4. 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).

  5. Amended by Annex No 6 of the Financial Market Audit Act of 15 Oct. 2008, in force since 1 Jan. 2009 (AS 2008 5363).

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

  7. Repealed by No I of the O of 13 Feb. 2013, with effect from 1. March 2013 (AS 2013 607).

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