Art. 13 Emergence of the notification duty
(Art. 120 paras. 1, 3 and 4, 123 para. 1 FMIA) 1The notification duty under Article 120 paragraph 1 FMIA arises with the justification of the claim to acquire or sell equity securities (binding transaction), irrespective of whether this claim is conditional. The indication of an intended purchase or sale does not entail any notification requirement, provided there are no legal obligations involved. 2The occurrence of a reporting obligation at the time of the binding transaction under paragraph 1 and the associated loss of beneficial owner status and voting entitlement, do not entail a separate reporting obligation under Article 120 paragraph 3 FMIA either for the buyer or seller. 3There is a reporting obligation incumbent on companies with a registered office in Switzerland including a notice in the Swiss Official Gazette of Commerce on reaching, exceeding or falling short of a threshold following an increase, decrease or restructuring of its share capital. Companies with a registered office outside Switzerland whose equity securities are listed in whole or in part in Switzerland are subject to the notification duty at the time of publication under Article 115 paragraph 3 FMIO. |