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Section 348

Special transitional provisions for mixed collective investment funds and mixed investment stock corporations

Mixed collective investment funds or mixed investment stock corporations that were set up before 22 July 2013 under sections 83 to 86 of the Investment Act in the version in force until 21 July 2013 and that, at that point in time, had acquired
1. units of real estate collective investment funds under sections 66 to 82 of the Investment Act in the version in force until 21 July 2013,
2. units of collective investment funds with additional risks under section 112 of the Investment Act in the version in force until 21 July 2013,
3. shares of investment stock corporations whose articles of association provide for a form of investment comparable to section 112 of the Investment Act in the version in force until 21 July 2013, or
4. units or shares of EU AIF or foreign AIF comparable to point 2 or 3, in compliance with the investment limits, the additional particulars in the sales prospectus, and the contractual terms under section 84(2), (3), in conjunction with section 113(3) and (4), second and third sentences, in conjunction with section 117(1), second sentence, in conjunction with section 118, second sentence, and section 85 of the Investment Act in the version in force until 21 July 2013, may continue to hold these units or shares held after 21 July 2013 as well, by way of derogation from section 219. Section 255(3) and (4) applies to the management of mixed investment funds within the meaning of the first sentence, points 1 or 4, whose contractual terms permit investing the assets to more than 50 per cent of the value of the mixed investment fund's assets in units of real estate collective investment funds in the form of retail investment funds and in units of comparable EU AIF or foreign AIF, for as long as the units under the first sentence, point 1 or point 4, continue to be held. In other respects, the provisions of this Act, including the transitional provisions, apply to these mixed investment funds within the meaning of the first sentence.

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