FIA's Wide-Reaching Reforms

Author:Ms Stephanie Comtesse and Tina Balzli
Profession:Bär & Karrer
 
FREE EXCERPT

A major reform of the overall Swiss financial markets regulation is underway. As part of the changes, the draft bill of the new Financial Institutions Act (FIA) will affect licensing of institutions active in investment management.

From a technical perspective, FIA will consolidate the rules governing the following regulated institutions in one piece of legislation: banks, fund management companies, securities dealers, and asset managers of collective investment schemes. Further, newly regulated institutions will also be subject to FIA.

The existing regulations on banks are to be largely transferred from the Federal Act on Banks and Savings Institutions (Banking Act) to FIA. Under FIA, a bank will no longer need to obtain either a separate securities dealer licence to trade or a further licence to act as a Swiss representative of foreign collective investment schemes. According to a press release from the Swiss Federal Department of Finance dated March 2015, parts of the Banking Act will nevertheless remain in force.

Under FIA, securities dealers will be renamed securities houses. The rules applicable to them under the Stock Exchange and Securities Trading Act (SESTA) will be incorporated in the new legislation.

The proposed FIA is to include the licensing conditions for fund management companies as set out in the Swiss Collective Investment Schemes Act (CISA). However, even under FIA, a...

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