Art. 88

(Art. 59 para. 2 CISA)

1. The fund management company and the SICAV are deemed to exert a dominant influence if they have a majority of the co-ownership shares and votes.
2. In a set of rules governing use and administration as defined in Article 647 paragraph of the Swiss Civil Code (CC)¹they shall retain all rights, measures and actions provided for in Articles 647a –651 CC.
3. The right of pre-emption pursuant to Article 682 CC may not be suspended under contract.
4. Co-ownership of common facilities associated with properties held by the collective investment scheme which are part of a more extensive development must not grant a controlling influence. In such cases, the right of pre-emption pursuant to paragraph 3 may be suspended under contract.