Art. 67

(Art. 53 ff. CISA)

1. Unless specified otherwise, the percentage restrictions given in this chapter relate to the fund assets at market values; they must be maintained at all times.
2. If the limits are exceeded as a result of market changes, the investments must be restored to the permitted level within a reasonable period, taking due account of the investors' interests. 2bis. If the investment regulations are actively violated, in particular through purchases or sales, the investments must be immediately restored to the permitted level. If investors are not compensated for any loss incurred as a result of such an active investment violation, the investment violation must be reported to the audit company immediately and published in the media of publication as soon as possible. The report and publication must include a specific description of the investment violation and the loss incurred by the investors. All active investment violations must be reported in the annual report.¹
3. Securities funds and other funds must comply with the investment restrictions within six months of launch.
4. Real estate funds must comply with the investment restrictions within two years of launch.
5. FINMA may extend the time limits specified in paragraphs 3 and 4 at the request of the fund management company and the SICAV.