In the case of contractual funds this is the collective investment contract (fund contract), and in the case of SICAVs it is the articles of association and the investment regulations. FINMA regulates the details. [chamberOfAction] => Senate ), Array 1 The fund management company and the SICAV must offer new units first to existing investors. and Art. 3 A semi-annual report must be issued within two months after the end of the first half of the financial year. [6] Senate Majority Leader Mitch McConnell, (R-Ky) attempted to attach the bill as an amendment to the annual National Defense Authorization Act, but was blocked 56-40, not reaching the necessary 60 votes to include the amendment. [externalActionCode] => 8000 The law allows the sharing of Internet traffic information between the U.S. government and technology and manufacturing companies. 2 Other funds for traditional investments are subject to the provisions concerning the use of investment techniques and derivatives for securities funds. Separate books of account must be kept for each open-ended collective investment scheme. [chamberOfAction] => 2 The Federal Council determines its commencement date. The text of the bill was incorporated by amendment into a consolidated spending bill in the U.S. House on December 15, 2015,[3] which was signed into law by President Barack Obama on December 18, 2015.[4]. 3 Reference must be made in the fund name and in the prospectus and key information document in accordance with Title 3 of the FinSA1, as well as in advertising material, to the special risks involved in alternative investments.2. 2 Collective investment schemes are open to all investors, except where this Act, the fund regulations or the articles of association restrict investor eligibility to qualified investors. Its responsibilities shall include: leading cybersecurity and critical infrastructure security programs, operations, and associated policy; and carrying out DHS's responsibilities concerning chemical facility antiterrorism standards. 2 Other investments for which no current price is available must be valued at the price that would probably be obtained in a diligent sale at the time of valuation. 3 For the dissolution of subfunds, paragraphs 1 and 2 apply accordingly. Chapters gebunden. FINMA regulates the details. [29], The United States Department of Homeland Security initially supported the bill, with Jeh Johnson, the secretary of the DHS, calling for the bill to move forward on September 15. 1 The following restructurings of open-ended collective investment schemes are permitted: 2 A restructuring in accordance with paragraph 1 letters b and c may only be entered in the Commercial Register following FINMAâs approval in accordance with Article 15. 0000000656 00000 n ( [description] => Passed Senate 6 min read . (Sec. English is not an official language of the Swiss Confederation. The issue and redemption prices of the units are based on the net asset value per unit on the day of valuation, plus or minus any fees and expenses. 2 However, it may only suspend the right to redeem at any time for a maximum period of five years. Was this document helpful? 3 If a fund management company manages several investment funds, the level of the participation with respect to the percentage limit set out in Article 685d paragraph 1 of the Code of Obligations is calculated individually for each investment fund. 1 The Federal Council issues the implementing provisions. 1 SR 2202 Amended by Annex No 14 of the Financial Market Supervision Act of 22 June 2007, in force since 1 Jan. 2009 (AS 2008 5207 5205; BBl 2006 2829). [33] 5 FINMA may allow the transaction-related settlement services of a directly invest- ing other fund for alternative investments to be provided by a regulated institution specializing in such transactions (prime broker). 2 In special cases, FINMA may grant a relaxation of the requirements or may order a tightening thereof. CISA will help bring the recognition this team deserves and will empower the team to more effectively execute its vital mission.” “The CISA Act passing Congress represents real progress in the national effort to improve our collective efforts in cybersecurity,” … 1 Amended by Annex No 14 of the Financial Market Supervision Act of 22 June 2007, in force since 1 Jan. 2009 (AS 2008 5207 5205; BBl 2006 2829).2 SR 956.13 Amended by No I of the FA of 28 Sept. 2012, in force since 1 March 2013 (AS 2013 585; BBl 2012 3639). 5 In the case of collective investment schemes with subfunds, the asset entitlements are based on Article 93 paragraph 2 and Article 94 paragraph 2. and investment restrictions exhibit a risk profile that is typical for alternative investments. 1 If more than one person is liable to pay compensation, each of them is liable jointly and severally to the extent that the loss is attributable directly to them by reason of their fault and the circumstances. CISA is a standalone United States federal agency, an operational component under Department of Homeland Security (DHS) oversight. Amended by Annex No 3 of the Financial Services Act of 15 June 2018, in force since 1 Jan. 2020 (AS 2019 4417; BBl 2015 8901). The fund management company and the SICAV ensure that real estate fund units are regularly traded via a bank or a securities dealer on a stock exchange or over the counter. 1 On concluding a contract, or subscribing and paying in cash, investors acquire: 2 They are, in principle, entitled at all times to request the redemption of their units and payment of the redemption amount in cash. 4) DHS shall report on its leadership role in cloud-based cybersecurity deployments for civilian federal departments and agencies. This shall be based on Article 82. 1 The following are considered foreign open-ended collective investment schemes: 2 Closed-end collective investment schemes are deemed to be companies and schemes with their registered office and main administrative office located abroad whose purpose is collective capital investment and whose investors have no legal right with regard to the company itself, or with regard to a closely connected company, to the redemption of their units at the net asset value. 1 The investors may request that the courts appoint a representative if they wish to pursue a claim for damages in favour of the open-ended collective investment scheme. Unless this Act provides otherwise, the provisions of the Code of Obligations1 concerning companies limited by shares apply. 1 SR 2202 Second sentence inserted by No I 6 of the FA of 12 Dec. 2014 on the Implementation of the revised recommendations 2012 of the Financial Action Task Force, in force since 1 July 2015 (AS 2015 1389; BBl 2014 605).3 Inserted by No I of the FA of 28 Sept. 2012, in force since 1 March 2013 (AS 2013 585; BBl 2012 3639). (text: CR H9761-9765) 1 Investments which are listed on a stock exchange or another regulated market open to the public shall be valued at the prices paid on the main market. 0 0000004965 00000 n 2bis The representative and the paying agent may only end their mandate with FINMAâs prior approval.6. Without requiring such information sharing, the bill creates a system for federal agencies to receive threat information from private companies. 2 In addition to the persons entrusted with the management, the persons entrusted with the tasks of custodian bank activity must also comply with the requirements laid down in Article 14 paragraph 1 letter a. These are subject to supervi- sory control by FINMA and shall provide FINMA with a report if requested.5. 1 Amended by No I of the FA of 28 Sept. 2012, in force since 1 March 2013 (AS 2013 585; BBl 2012 3639). 0000001353 00000 n 3 FINMA appoints one or more bankruptcy liquidators. Any person involved in the establishment, management, portfolio management, auditing or liquidation of any of the following financial institutions may be held liable:1, 2 Liability as defined in paragraph 1 also applies to the valuation expert and the representative of the investors.3, 3 Any person who assigns the fulfilment of a task to a third party is liable for the losses caused by that third party unless they prove that they applied the degree of due diligence with regard to the selection, instruction and monitoring required in the given circumstances, subject to Article 68 paragraph 3 FinIA4.56. 2 It may transfer the responsibility for the safekeeping of the investment fund's assets to third-party custodians and central securities depositories in Switzerland or abroad, provided this is in the interest of efficient safekeeping. The National Intelligence Threat Sharing (NITS) project is intended as an innovative solution to this hard problem. 1 The SICAV must appoint a custodian bank in accordance with Articles 72â74. 1 Amended by Annex No II 13 of the Financial Institutions Act of 15 June 2018, in force since 1 Jan. 2020 (AS 2018 5247, 2019 4631; BBl 2015 8901). 4 The fund management company and the SICAV publish the net asset values at regular intervals. 3 The Federal Council may specify compulsory redemption. Array 2 Each subfund under paragraph 1 is liable only for its own liabilities.1. Appeals pursuant to Article 17 DEBA2 shall be excluded. [chamberOfAction] => Senate 620 et seq. 1 In the case of an umbrella fund, investors are only entitled to the income and assets of the respective subfund in which they are participating. 1 SR 950.12 Amended by Annex No 3 of the Financial Services Act of 15 June 2018, in force since 1 Jan. 2020 (AS 2019 4417; BBl 2015 8901).3 Repealed by Annex No 3 of the Financial Services Act of 15 June 2018, with effect from 1 Jan. 2020 (AS 2019 4417; BBl 2015 8901). ( [chamberOfAction] => House 1 Amended by Annex No II 13 of the Financial Institutions Act of 15 June 2018, in force since 1 Jan. 2020 (AS 2018 5247, 2019 4631; BBl 2015 8901).2 Amended by No I of the FA of 28 Sept. 2012, in force since 1 March 2013 (AS 2013 585; BBl 2012 3639).3 Amended by No I of the FA of 28 Sept. 2012, in force since 1 March 2013 (AS 2013 585; BBl 2012 3639).4 Amended by Annex No II 13 of the Financial Institutions Act of 15 June 2018, in force since 1 Jan. 2020 (AS 2018 5247, 2019 4631; BBl 2015 8901).5 Inserted by No I of the FA of 28 Sept. 2012 (AS 2013 585; BBl 2012 3639). [1] The law allows the sharing of Internet traffic information between the U.S. government and technology and manufacturing companies. 98 et seq.) Text for H.R.3359 - 115th Congress (2017-2018): Cybersecurity and Infrastructure Security Agency Act of 2018 In October 2015, the US Senate took the bill back up following legislation concerning sanctuary cities. 1 SR 950.12 Amended by Annex No 3 of the Financial Services Act of 15 June 2018, in force since 1 Jan. 2020 (AS 2019 4417; BBl 2015 8901).3 SR 954.14 Amended by Annex No II 13 of the Financial Institutions Act of 15 June 2018, in force since 1 Jan. 2020 (AS 2018 5247, 2019 4631; BBl 2015 8901).5 SR 2206 Amended by Annex No 14 of the Financial Market Supervision Act of 22 June 2007, in force since 1 Jan. 2009 (AS 2008 5207 5205; BBl 2006 2829). 1 The partnership conducts investments in risk capital. The partnership name must contain a description of the legal status or its permitted abbreviation. A SICAF shall appoint an audit company (Art. The representative's powers of representation may not be restricted. CISA is a standalone United States federal agency, an operational component under Department of Homeland Security (DHS) oversight. 115-454, Part I. [externalActionCode] => 36000 The Cybersecurity Information Sharing Act was introduced on July 10, 2014 during the 113th Congress, and was able to pass the Senate Intelligence Committee by a vote of 12-3. Amended by Annex No 3 of the Financial Services Act of 15 June 2018, in force since 1 Jan. 2020 (AS 2019 4417; BBl 2015 8901).4 Amended by No I of the FA of 28 Sept. 2012, in force since 1 March 2013 (AS 2013 585; BBl 2012 3639).5 Inserted by No I of the FA of 28 Sept. 2012, in force since 1 March 2013 (AS 2013 585; BBl 2012 3639).
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