Ordinance on Investment Undertakings (Investment Undertakings ...

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a) the personal composition of the board of directors and the general management of the management company; b) the drafts of the full and simplified prospectuses according to articles 5 et seq. of the Act and articles 6 et seq. of this <strong>Ordinance</strong>; c) a business plan; d) the names of the depositary bank and of the persons responsible for the depositary bank function; e) information concerning the origin of the capital, significant capital holdings, and the form of payment under subscription; f) documents providing evidence of guarantees for sound and proper business operation by the persons entrusted with the administration and general management of the management company according to articles 84 and 85, in particular: 1. documented curricula vitae; 2. up-to-date criminal records; 3. information on any criminal and administrative proceedings, to the extent that they interfere with fulfillment of the responsibilities of the person in question, and the commitment to report changes in this regard; and 4. notices of acceptance of the persons entrusted with the administration of the management company; 5. signing authorities of the persons entrusted with the general management and administration of the management company; g) the names of the external audit office recognized by the FMA, of the head of mandate and of the head auditor, and their statement confirming that: 1. it accepts the mandate as the external audit office; and 2. the reviewed documents comply with the Act and <strong>Ordinance</strong>; h) the names of the founders (at least two shareholders are required for the formation of a limited company); i) the contracts required in a particular case by the instructions; k) the articles of incorporation of the management company; l) the rules of organization and business of the management company, governing the division of responsibilities between the board of directors and the general management; 48
m) a confirmation by the Office of Land and Public Registration that the name is eligible to be registered; and n) a declaration on the knowledge of and compliance with the Code of Conduct. 2) The FMA shall provide further details on the submission of application materials according to paragraph 1 in the form of instructions. Article 81 Code of Conduct 1) The management company shall confirm that it knows and will comply with the Code of Conduct. 2) The FMA shall issue a Code of Conduct, which shall at least contain the following principles: a) the management company must conduct its activities according to article 24 of the Act in the best interest of the investor and of market integrity, in accordance with law and equity and with the requisite expertise, care, and conscientiousness; b) the investment undertaking must have the necessary resources and procedures for proper conduct of business, and it must employ these resources and procedures effectively; and c) the management company must endeavor to avoid conflicts of interest. If a conflict of interest cannot be avoided, however, it must ensure that the investment undertakings it manages are treated in accordance with law and equity. 3) The FMA may take appropriate measures to enforce the Code of Conduct according to paragraph 1. 4) To the extent necessary for the fulfillment of their supervisory powers, the competent authorities of a home Member State shall be informed by the FMA on the measures taken in accordance with paragraph 2. 49
Page 1 and 2: Ordinance of 23 Au
Page 3 and 4: tractually governed forward transac
Page 5 and 6: Article 8 Name 1) The name of an in
Page 7 and 8: a) the full prospectuses so provide
Page 9 and 10: 5. Business report, half-yearly rep
Page 11 and 12: Article 20 Business report and half
Page 13 and 14: Article 23 Quarterly reporting 1) T
Page 15 and 16: thorize additional cancellation dea
Page 17 and 18: 5) Amendments to the prospectus for
Page 19 and 20: 1. accounting services required by
Page 21 and 22: pecially in the event of insolvency
Page 23 and 24: D. Investment rules 1. Investment u
Page 25 and 26: ments), if they are permissible as
Page 27 and 28: nized international accounting prov
Page 29 and 30: article 39 and article 43, paragrap
Page 31 and 32: ) Special limitations Article 45 In
Page 33 and 34: creditworthiness risk, etc.), an in
Page 35 and 36: term loans for repaying units, up t
Page 37 and 38: Article 55 Special requirements 1)
Page 39 and 40: Article 58 Securing liabilities 1)
Page 41 and 42: considered unsegmented. All documen
Page 43 and 44: Article 68 Forms With respect to se
Page 45 and 46: Article 72 Volume and term 1) If it
Page 47: Article 78 Special obligations of t
Page 51 and 52: 4) The organization, in particular
Page 53 and 54: Article 87 b) Equity position If th
Page 55 and 56: V. Supervision of management compan
Page 57 and 58: Article 95 Foreign audit offices A
Page 59 and 60: a) the accounts are being kept prop
Page 61 and 62: a) the accuracy of the business and
Page 63 and 64: ) the information concerning issue,
Page 65 and 66: Minimum content of the full prospec
Page 67 and 68: *2.1 designation or company name, d
Page 69 and 70: 4.2 main activity. 5 Information on
Page 71 and 72: 2.5 profile of the typical investor
Page 73 and 74: niques and instruments, especially
Page 75 and 76: 2. Off-balance-sheet operations The
Page 77 and 78: 6. Number of units in circulation 6
Page 79 and 80: 1.4.2 buildings on which constructi
Page 81 and 82: 5. Change of net assets For each in
Page 83: account. 83

Ordinance on Investment Undertakings (Investment Undertakings ...

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