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Art. 5 Inspection of documents
1Any person making a credible claim that their financial interests are directly affected by the restructuring or the bankruptcy is entitled to inspect documents relating to the restructuring or the bankruptcy, although professional confidentiality in accordance with Article 47 BankA and Article 43 SESTA must be observed wherever possible. 2The right to inspect documents may be restricted to specific stages of the proceedings, or it may be limited or refused where opposing interests take precedence. 3Any person granted the right to inspect documents may only use the information received through inspecting documents to protect their own immediate financial interests. 4The right to inspect documents may be made dependent on a declaration which states the information inspected may only be used to protect the individual's own immediate financial interests. In the event of any failure to comply, reference may be made in advance to the criminal penalties under Article 48 of the Financial Market Supervision Act of 22 June 20071 and Article 292 of the Swiss Criminal Code2. 5The restructuring agent or bankruptcy administrator and, following completion of the restructuring proceedings or bankruptcy proceedings, FINMA shall decide on the right to inspect documents. |