Financial intermediary supervision in Switzerland
Persons or institutions operating as financial intermediaries (hereinafter: “FIs”) must join a self-regulatory organization (hereinafter: “SRO”) or be authorized by FINMA according to Swiss legislation. If you are looking for the Swiss Asset Management companies for sale, you have to be acknowledged about the regulation before you start the business. Eternity Law International is professionally engaged in offering Swiss Asset Management companies for sale.
Overview of FINMA & SRO supervision
This regulation was initiated by the Switzerland Federal Act governing fighting money laundering and terrorist funding as defined in Article 305bis of the Swiss Criminal Code (SCC). To satisfy the rules, FIs must partner with an SRO. In its turn, SROs are contingent on FINMA regulation and authorization. The AMLA defines two types of FI:
- Financial institutions (refers to banking institutions, gaming houses, stockbrokers, and insurance firms) that are administered directly by an independent regulatory agency in Switzerland, FINMA.
- As opposed to the previously-mentioned FIs, Other Financial Intermediaries (hereinafter: “OFIs”) – financial corporations engaged in lending to households and non-financial corporations such as merchant services providers, investment management firms, credit unions may decide whether they will be controlled by FINMA, or join an SRO as a way of complying with set requirements.
Recognized SROs
FINMA recognizes the following self-regulatory organizations:
- VQF;
- SAAM;
- OAD FCT;
- SRO SAV/SNV;
- ARIF;
- SLV;
- PolyReg;
- OAR-G;
- SRO- Treuhand Suisse;
- SRO SVIG;
- SRO-SVV.
What is an SRO’s Role?
SROs distinguish rules and oversee if intermediaries act in compliance with them. In addition, each SRO must set up directions that ensure FI and their partners follow all of the AML obligations.
An SRO falls under FINMA regulation which recognizes an organization as an SRO if it:
- Establishes rules which frame the AMLA regulations clearly for the FI,
- Observes adherence of these rules,
- Guaranties that persons liable for the control of enforcing these regulations comply and follow right business conduct and are qualified.
SRO-supervised Status
The SRO regulation is identical to a FINMA one. Thus, the OFI falls under identical guidance as any other FI. Once an institution joins an SRO, its name will be transmitted to FINMA and registered on its website. In general, it can take 1-2 months from the time of getting supervised, when the name of the company appears on the website.
Financial intermediate services overview
The OFIs are empowered to provide the following services:
- Conducting transitions related to commercial loans, leases, and mortgages;
- Services connected with payment transactions as a representative of other parties;
- Trading accounts;
- Assets management;
- Investing in the role of an advisor;
- Securities holdings and management.
If you’re willing to start a Swiss intermediary business, please feel free to contact our legal team for assistance. We have Swiss Asset Management companies for sale!
We have multiple options worldwide.
