Financial Institutions Act (FinIA)

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In The Matter OfFinancial Institutions Act (FinIA)
Exhibit A
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English is not an official language of the Swiss Confederation. This translation is provided for information purposes only, has no legal force and may not be relied on in legal proceedings.

Art. 72 Implementing provisions

The Federal Council shall issue the implementing provisions.

Art. 73 Repeal and amendment of other legislative instruments

The repeal and amendment of other legislative instruments are set out in the Annex.

Art. 74 Transitional provisions

1 Financial institutions that already possess authorisation by virtue of a financial market act pursuant to Article 1 paragraph 1 FINMASA for the corresponding activity at the time of this Act coming into force are not required to obtain new authorisation. They must fulfil the requirements of this Act within one year of its coming into force. 2 Financial institutions that under prior law are not subject to an authorisation requirement but are newly subject to an authorisation requirement at the time of this Act coming into force shall report to FINMA within six months of this Act coming into force. They must satisfy the requirements of this Act and submit an authorisation application within three years of the Act coming into force. They may continue to perform their activity until a decision has been made concerning authorisation, provided that they are affiliated to a self-regulatory organisation in accordance with Article 24 of the Anti-Money Laundering Act of 10 October 1997 (AMLA)

Para. 1 — SR 956.1 Para. 2 — SR 955.0

Art. 74a Coordination with the Amendment of the Anti-Money Laundering Act within the context of the Gambling Act of 29 September 2017

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Art. 74a — Inserted by the correction made by the Federal Assembly Drafting Committee of 24 Sept. 2019 (AS 2019 5065). The coordination provisions can be consulted under AS 2019 5065 and AS 2020 501. Correction by Federal Assembly Drafting Committee of 31 Jan. 2020, published on 18 Feb. 2020 (AS 2020 501).

Art. 75 Referendum and commencement

1 This Act is subject to an optional referendum. 2 The Federal Council will determine the commencement date. 3 This Act shall only come into force with the FinSA. 4 The Federal Council may implement the following provisions early: a. Amendments to the Federal Act of 23 March 2001 on Consumer Credit (annex No. 2); b. Article 9a paragraph 4bis AOA (Annex No 3); c. Articles 1a, 1b, 47 paragraph 1 letter a and 52a BankA (Annex No 14); d. Article 2 paragraph 2 letter a AMLA (Annex No 15); e. Articles 4, 5 and 15 paragraph 2 letter a FINMASA (Annex No 16). 5 Article 15 paragraph 2 letter a FINMASA shall apply until Article 15 paragraph 2 letter abis FINMASA (Annex No 16) comes into force. Commencement date: 1 January 2020

Para. 3 — SR 950.1 Para. 4 let. a — SR 221.214.1 Para. 4 let. b — SR 221.302 Para. 4 let. c — SR 952.0 Para. 4 let. d — SR 955.0 Para. 4 let. e — SR 956.1 Para. 5 — O of 6 Nov. 2019 (AS 2019 4631).