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Ordinance of the Swiss Financial Market Supervisory Authority on the Insolvency of Banks and Securities Dealers

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Art. 46 Rejection by creditors

1Where the re­struc­tur­ing plan provides for an in­ter­ven­tion in­to cred­it­ors' rights, FINMA sets the cred­it­ors a dead­line at the latest with the ap­prov­al of the re­struc­tur­ing plan with­in which they can re­ject it. The dead­line is of at least ten work­ing days. The trans­fer of li­ab­il­it­ies and con­trac­tu­al re­la­tion­ships and the change of debt­or in­volved do not in­fringe upon the rights of the cred­it­ors.

2Cred­it­ors wish­ing to re­ject the plan must do so in writ­ing. They must give their name and ad­dress as well as the amount of their claim at the time of open­ing the re­struc­tur­ing pro­ceed­ings, and the reas­ons for it. The re­jec­tion let­ter must be sent to the re­struc­tur­ing agent.