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Ordinance on Investment Undertakings (Investment Undertakings ...

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1. accounting services required by law and for investment management;<br />

2. client inquiries;<br />

3. valuati<strong>on</strong> and price determinati<strong>on</strong> (including tax returns);<br />

4. m<strong>on</strong>itoring of compliance with legal provisi<strong>on</strong>s;<br />

5. maintaining the unit-holder register;<br />

6. distributi<strong>on</strong> of earnings;<br />

7. issue and redempti<strong>on</strong> of units;<br />

8. c<strong>on</strong>tract settlement (including delivery of certificates);<br />

9. maintaining records;<br />

c) marketing.<br />

Article 32<br />

Qualifying holdings<br />

1) The management company must notify the FMA of the following,<br />

indicating the amount of the holding:<br />

a) the acquisiti<strong>on</strong> or aband<strong>on</strong>ment of a qualifying holding by a natural<br />

or legal pers<strong>on</strong> in the voting capital of a management company;<br />

b) a change to a qualifying holding of a natural or legal pers<strong>on</strong>, if the<br />

holding reaches, exceeds, or falls below the threshold values of 22%,<br />

33%, or 50% of the voting capital.<br />

2) The FMA may prohibit the planned acquisiti<strong>on</strong> or increase of a<br />

qualifying holding if the pers<strong>on</strong>s menti<strong>on</strong>ed in paragraph 1 do not meet<br />

the requirements necessary to fulfill the interest of ensuring solid and<br />

prudent management of the company. If the planned acquisiti<strong>on</strong> and the<br />

increase are approved, a deadline may be fixed by which the acquisiti<strong>on</strong><br />

must be completed.<br />

3) The FMA shall c<strong>on</strong>sult the competent authorities of a another<br />

Member State of the EEA before prohibiting the acquisiti<strong>on</strong> or increase<br />

of a holding according to paragraph 2, if the acquirer:<br />

a) is a management company licensed in another Member State of the<br />

EEA;<br />

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