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Ordinance on Investment Undertakings (Investment Undertakings ...

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) Special limitati<strong>on</strong>s<br />

Article 45<br />

<strong>Investment</strong>s in government b<strong>on</strong>ds and equivalent investments<br />

1) If the purposes of the Act are not interfered with and with approval<br />

by the FMA, up to 100% of assets may be invested in transferable<br />

securities and m<strong>on</strong>ey market instruments of the same issuer, as l<strong>on</strong>g as<br />

they are launched or guaranteed by a State, a corporati<strong>on</strong> under public<br />

law within the OECD, or internati<strong>on</strong>al organizati<strong>on</strong>s with a public law<br />

character.<br />

2) In the event of investments in b<strong>on</strong>d issues and comparable investments,<br />

the full prospectus must c<strong>on</strong>tain an indicati<strong>on</strong> of whether the investments<br />

are corporate b<strong>on</strong>ds or government b<strong>on</strong>ds, how l<strong>on</strong>g their<br />

term is, and the rating requirements to which they are subject.<br />

3) The investments must be divided into transferable securities and<br />

m<strong>on</strong>ey market instruments that have been launched as part of at least six<br />

different issues; the transferable securities and m<strong>on</strong>ey market instruments<br />

from the same issue may not exceed 30% of the assets.<br />

4) The approval according to paragraph 1 and the issuers or guarantors<br />

must be listed in the full prospectus and in other solicitati<strong>on</strong> materials.<br />

Article 46<br />

Replicati<strong>on</strong> of an index (index fund)<br />

1) An investment undertaking for transferable securities may replicate<br />

a particular stock index or debt-security index if the full prospectus<br />

so provides.<br />

2) A clearly visible indicati<strong>on</strong> of the replicati<strong>on</strong> of an index must be<br />

included in the full and simplified prospectuses and in all solicitati<strong>on</strong> materials.<br />

The indicati<strong>on</strong> included in the full prospectus must be sufficiently<br />

elaborate for the investor to identify what the index in questi<strong>on</strong> is and to<br />

what extent this index is to be replicated.<br />

3) The recogniti<strong>on</strong> of an index requires in particular that:<br />

a) its compositi<strong>on</strong> is sufficiently diversified;<br />

b) it represents an adequate subscripti<strong>on</strong> basis for the market; and<br />

31

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