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Federal Act on Collective Investment Schemes

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

Art. 73 Duties

1The cus­todi­an bank is re­spons­ible for the safe­keep­ing of the in­vest­ment fund's as­sets, the is­sue and re­demp­tion of units, as well as pay­ment trans­fers on be­half of the in­vest­ment fund.

2It may trans­fer the re­spons­ib­il­ity for the safe­keep­ing of the in­vest­ment fund's as­sets to third-party cus­todi­ans and col­lect­ive se­cur­it­ies de­pos­it­or­ies in Switzer­land or abroad, provided this is in the in­terest of ef­fi­cient safe­keep­ing. In­vestors must be in­formed in the pro­spect­us about the risks as­so­ci­ated with such trans­fers.1

2bisFin­an­cial in­stru­ments may only be trans­ferred (para­graph 2) to reg­u­lated third-party cus­todi­ans and col­lect­ive se­cur­it­ies de­pos­it­or­ies. This does not ap­ply to man­dat­ory safe­keep­ing at a loc­a­tion where the trans­fer to reg­u­lated third-party cus­todi­ans and col­lect­ive se­cur­it­ies de­pos­it­or­ies is not pos­sible, in par­tic­u­lar due to man­dat­ory leg­al pro­vi­sions or to the in­vest­ment product's mod­al­it­ies. In­vestors must be in­formed in the product doc­u­ment­a­tion of safe­keep­ing by non-reg­u­lated third-party cus­todi­ans or col­lect­ive se­cur­it­ies de­pos­it­or­ies.2

3The cus­todi­an bank en­sures that the fund man­age­ment com­pany or the SICAV com­plies with this Act and with the fund reg­u­la­tions. It veri­fies wheth­er:3

a.
the cal­cu­la­tion of the net as­set value and of the is­sue and re­demp­tion prices of the units is in com­pli­ance with this Act and with the fund reg­u­la­tions;
b.
the in­vest­ment de­cisions are in com­pli­ance with this Act and with the fund reg­u­la­tions;
c.
the in­come is ap­pro­pri­ated in ac­cord­ance with the fund reg­u­la­tions.

4The Fed­er­al Coun­cil reg­u­lates the re­quire­ments for act­ing as a cus­todi­an bank and may spe­cify para­met­ers for the pro­tec­tion of the se­cur­it­ies in­vest­ments.4


1 Amended by No I of the Fed­er­al Act of 28 Sept. 2012, in force since 1 March 2013 (AS 2013 585; BBl 2012 3639).
2 In­ser­ted by No I of the Fed­er­al Act of 28 Sept. 2012, in force since 1 March 2013 (AS 2013 585; BBl 2012 3639).
3 Amended by No I of the Fed­er­al Act of 28 Sept. 2012, in force since 1 March 2013 (AS 2013 585; BBl 2012 3639).
4 In­ser­ted by No I of the Fed­er­al Act of 28 Sept. 2012, in force since 1 March 2013 (AS 2013 585; BBl 2012 3639).