That's a silly assumption. Berserk's a rich story with so many ideas or scenes or characters to choose from. We often discuss how AOW isn't faithful with character design. It would work in this new company's favor to be as faithful as possible. They can avoid creating identical statues by picking different scenes or poses or different characters. I'd rather see them do that versus make something up that isn't in the manga. This Femto Rebirth scene doesn't fit at all, base and pose.
While I think staying faithful to character design is important, I don't feel the same way about bases. AoW has done mostly scenes that were from the manga, but I'm having a hard time recalling another line of statues that tries to directly copy a scene from the original work (continuosly that is). They usually do poses that are true to how the character might act, and I think we're getting that with these Max Factory statues. Guts' immense strength is shown by him one-handing the DS, and it puts the DS on display. Femto's is more subtle, and while the "looking at hand" pose is fairly stock, I think it works here. The focus is on Femto's design, and it is intricately detailed. This comes down to personal preference, because I certainly don't think they NEED to only do scenes from the manga, but it would be good every now and then.
The design of the bases seems to be an artistic representation and time stamp of where the characters are meant to be in the saga, and there could be many reasons for this, but if it comes down to the artists personal preference, then I prefer that to AoW's artists who just "don't want the characters to look like that, and we can't make them change their minds".