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Section 31

Prime broker

(1) Where the AIF capital management company uses the services of a prime broker for the account of the AIF, the conditions must be agreed in a contract concluded in text form. In particular, the possibility of a transfer and reuse of assets of the AIF must be agreed in this contract, and must correspond to the investment conditions, the articles of association, or the partnership agreement of the AIF. The contract must provide that the depositary is informed of the contract.
(2) The AIF capital management company must select and appoint the prime brokers with which a contract is concluded with the required skill, care, and diligence.

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