Art. 41

(Art. 27 para. 2 and 3 CISA)

1. The fund management company shall publish any amendment to the fund contract in the media of publication of the relevant fund in the form specified by the CISA.¹In this publication, the fund management company shall inform investors in a clear, comprehensible manner about which amendments to the fund contract are covered by FINMA’s verification and ascertainment of compliance with the Act.² 1bis. Amendments that are required by law, provided such amendments do not affect the rights of investors or are of an exclusively formal nature, may be exempted by FINMA from the duty to publish.³
2. The period in which objections to the amendment of the fund contract may be lodged commences on the day following announcement in the media of publication.
3. When approving the amendment to the fund contract, FINMA shall only verify the amendments to the provisions pursuant to Article 35a paragraph 1 lit. a–g and ensure their compliance with the Act.⁴
4. Where in relation to the approval of a fund contract pursuant to Article 35a paragraph 3 FINMA has verified all provisions and ensured their compliance with the Act, it shall also in relation to the amendment to such fund contract verify all provisions and ensure their compliance with the Act if the investment fund is to be offered abroad and such action is required under foreign law.⁵
5. In its decision FINMA specifies the date on which the amendment to the fund contract enters into force.