Art. 40

(Art. 26 para. 3 let. k and 78 para. 3 CISA)

1. The fund management company may create, liquidate or merge unit classes subject to the consent of the custodian bank and the approval of FINMA. In doing so it shall address the following specific criteria: cost structure, reference currency, currency hedging, distribution or reinvestment of income, minimum investment or investor eligibility.
2. The procedural details are set out in the prospectus. The risk that a class may be liable for another class must be specifically disclosed in the prospectus.
3. The fund management company announces the creation, dissolution or merging of unit classes in the media of publication. Only a merger is deemed to be an amendment to the fund contract, and is governed by Article 27 CISA.
4. Article 112 paragraph 3a -c applies accordingly.
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