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Ordinance on Investment Undertakings (Investment Undertakings ...

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Article 98<br />

Change of the external audit office<br />

1) To change the external audit office, the management company<br />

must submit an applicati<strong>on</strong> to the FMA, <strong>on</strong> which the FMA must decide<br />

within six weeks.<br />

2) Before making its decisi<strong>on</strong>, the FMA shall c<strong>on</strong>sult with the previous<br />

external audit office.<br />

3) The FMA shall approve the change of the external audit office if<br />

the designated external audit office guarantees a proper audit under the<br />

given circumstances and if the interests of the investors do not appear<br />

threatened.<br />

4) Up<strong>on</strong> approval by the FMA, the management company shall publish<br />

the change of the external audit office in the publicati<strong>on</strong> medium. An<br />

indicati<strong>on</strong> must be included that the investors may demand to return<br />

their units in accordance with the prospectus.<br />

5) If the license is withdrawn from the external audit office, the c<strong>on</strong>tract<br />

<strong>on</strong> the audit mandate is cancelled, or the audit office is otherwise no<br />

l<strong>on</strong>ger able to c<strong>on</strong>duct its activities, then the management company must<br />

immediately designate a new external audit office. In justified individual<br />

cases, the FMA may set a deadline of at most three m<strong>on</strong>ths, by which the<br />

management company must designate the new external audit office.<br />

C. Audit and audit report<br />

1. Audit<br />

Article 99<br />

Requirements<br />

1) The verificati<strong>on</strong>s required by article 98, paragraph 1 of the Act<br />

shall be undertaken in accordance with the recognized principles of the<br />

professi<strong>on</strong>.<br />

2) Over the course of the accounting year, the external audit office<br />

shall c<strong>on</strong>duct at least <strong>on</strong>e unannounced interim audit.<br />

3) During the unannounced interim audit, the audit office shall verify<br />

in particular whether:<br />

58

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