Ordinance
on Financial Market Infrastructures and Market Conduct in Securities and Derivatives Trading
(Financial Market Infrastructure Ordinance, FinMIO)

(Art. 142 para. 2 and 143 para. 2 Fin­MIA)

Se­cur­it­ies trans­ac­tions which are in­ten­ded to sta­bil­ise the price of a se­cur­ity that has been ad­mit­ted to trad­ing on a trad­ing ven­ue or DLT trad­ing fa­cil­ity in Switzer­land and which fall un­der Art­icle 142 para­graph 1 let­ter a and Art­icle 143 para­graph 1 of the Fin­MIA are per­miss­ible if:⁵¹

a.

they are car­ried out with­in 30 days of the pub­lic place­ment of the se­cur­it­ies to be sta­bil­ised;

b.

they are ex­ecuted at a price that is no high­er than the is­sue price, or, in the case of trad­ing with sub­scrip­tion or con­ver­sion rights, at a price that is no high­er than the mar­ket price;

c.

the max­im­um peri­od dur­ing which the se­cur­it­ies trans­ac­tions can be car­ried out and the iden­tity of the se­cur­it­ies firm re­spons­ible for car­ry­ing them out are pub­lished be­fore the start of trad­ing with the se­cur­it­ies to be sta­bil­ised;

d.⁵²

they are re­por­ted to the trad­ing ven­ue or DLT trad­ing fa­cil­ity at the latest on the fifth trad­ing day fol­low­ing their ex­e­cu­tion and pub­lished by the is­suer at the latest on the fifth trad­ing day after the ex­piry of the dead­line un­der let­ter a; and

e.⁵³

the is­suer in­forms the pub­lic at the latest on the fifth trad­ing day fol­low­ing the ex­er­cising of an over­al­lot­ment op­tion (green­shoe) about the tim­ing of the ex­er­cising, as well as the num­ber and type of the se­cur­it­ies con­cerned.