Art. 128

(Art. 142 para. 2 FinMIA)

The communication of insider information to a person does not fall under Article 142 paragraph 1 letter b FinMIA if:

1. this person requires the insider information in order to fulfil his or her statutory or contractual obligations; or
2. the communication is required with regard to the conclusion of a contract and the information holder:

1. makes it clear to the information recipient that the insider information may not be exploited, and

2. documents the disclosure of the insider information and the clarification under item 1 above.