951.311CISOFederal Council OrdinanceJan 1, 2007Original source
(Art. 26 para. 3 CISA)
In particular, the fund contract contains the following information:
the name of the investment fund, together with the name and registered office of the fund management company, the custodian bank and the manager of collective assets;
investor eligibility;
the investment policy, investment techniques, risk diversification and the risks associated with the investment;
the subdivision into subfunds;
the unit classes;
investors’ right to cancel;
the accounting year;
the calculation of the net asset value and of the issue and redemption prices;
the appropriation of net income and capital gains from the sale of assets and rights;
the type, amount and calculation of all fees, the issue and redemption commission together with the incidental costs for the purchase and sale of the investments (brokerage fees, charges, duties) that may be charged to the fund’s assets or to the investors;
the duration of the contract and the conditions of dissolution;
the media of publication;
the conditions for the deferment of redemption and compulsory redemption;
1 the place at which the fund contract, prospectus and the key information document in accordance with Articles 58–63 and 66 FinSA2, together with the annual and semi-annual reports, may be obtained free of charge;
the unit of account;
the restructuring.
When approving the fund contract, FINMA shall only verify the provisions pursuant to paragraph 1 lit. a–g and ensure their compliance with the Act.
When approving a contractual fund, FINMA, at the fund management company’s request, shall verify all provisions of the fund contract and ensure their compliance with the Act where the fund is to be offered abroad and such action is required under foreign law.3
FINMA may formalise the content of the fund contract in accordance with international developments.
Footnotes
Amended by Annex 11 No 1 of the Financial Services Ordinance of 6 Nov. 2019, in force since 1 Jan. 2020 (AS 2019 4459). ↩