Financial Services Act (FinSA)

Art. 64FinSA from 2021

Art. 64

1 The offeror of securities or the person requesting their admission to trading must:

a.

file the prospectus with the reviewing body after it has been approved;

b.

publish the prospectus no later than the beginning of the public offer or admission of the securities in question to trading.

2 If a class of equity securities of an issuer is being admitted to trading on a trading venue for the first time, the prospectus must be made available at least six working days before the end of the offer.

3 The prospectus may be published:

a.

in one or more newspapers with a distribution corresponding to the issue or in the Swiss Official Gazette of Commerce;

b.

through free-of-charge distribution in printed form at the issuer's registered office or from the office involved in the issue;

c.

in electronic form on the website of the issuer, the guarantor and security provider, the trading venue or the office involved in the issue; or

d.

in electronic form on the website of the reviewing body.

4 If the prospectus is published electronically, a paper version must also be made available free of charge upon request.

5 The reviewing body shall place the approved prospectuses on a list and make this list available for 12 months.

6 If the prospectus is prepared in two or more individual documents or if it is incorporated by reference, the information and documents constituting the prospectus may be published separately. The individual documents shall be made available to the investors free of charge. Each individual document must indicate where to obtain the other individual documents that, together with said document, constitute the complete prospectus.

7 The text and format of the prospectus and supplements that are published or made available to the public must at all times correspond to the version filed with the reviewing body.