Financial Market Supervision Act (FINMASA)
Amended by Annex No II 16 of the Financial Institutions Act of 15 June 2018, in force since 1 Jan. 2020 (AS 2018 5247, 2019 4631; BBl 2015 8901).
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 1 Subject matter
1 The Confederation shall create an authority for the supervision of the financial markets in accordance with the following acts (the financial market acts): a. Mortgage Bond Act of 25 June 1930; b. Federal Act on Contracts of Insurance of 2 April 1908; c. Collective Investment Schemes Act of 23 June 2006; d. Banking Act of 8 November 1934; e. Financial Institutions Act of 15 June 2018; f. Anti-Money Laundering Act of 10 October 1997; g. Insurance Supervision Act of 17 December 2004; h. Financial Market Infrastructure Act of 19 June 2015; i. Financial Services Act of 15 June 2018. 2 This Act establishes the organisation and the supervisory instruments of this authority.
Para. 1 let. a — SR 211.423.4 Para. 1 let. b — SR 221.229.1 Para. 1 let. c — SR 951.31 Para. 1 let. d — SR 952.0 Para. 1 let. e — Amended by Annex No II 16 of the Financial Institutions Act of 15 June 2018, in force since 1 Jan. 2020 (AS 2018 5247, 2019 4631; BBl 2015 8901). Para. 1 let. e — SR 954.1 Para. 1 let. f — SR 955.0 Para. 1 let. g — SR 961.01 Para. 1 let. h — Inserted by Annex No 13 of the Financial Market Infrastructure Act of 19 June 2015, in force since 1 Jan. 2016 (AS 2015 5339; BB
Art. 2 Relationship with the financial market acts
1 This Act applies unless the financial market acts provide otherwise. 2 International treaties concluded within the context of international withholding tax and their associated international agreements, specifically in relation to transnational audits and market access, take precedence over this Act and financial market legislation.
Para. 2 — Inserted by Art. 46 of the FA of 15 June 2012 on International Withholding Tax, in force since 20 Dec. 2012 (AS 2013 27; BBl 2012 4943).
Art. 3 Supervised persons and entities
The following are subject to financial market supervision: a. persons and entities that under the financial market acts require to be licensed recognised, or registered by the Financial Market Supervisory Authority; and b. collective capital investments under the Collective Investment Schemes Act of 23 June 2006 that have been or must be licensed or approved; c. ...
let. b — Amended by Annex No 7 of the FA of 17 Dec. 2021, in force since 1 March 2024 (AS 2024 53; BBl 2020 6885). let. b — SR 951.31 let. c — Repealed by Annex No 8 of the FA of 20 June 2014 (Consolidation of Oversight through Audit Companies), with effect from 1 Jan. 2015 (AS 2014 4073; BBl 2013 6857).
Art. 4 Objectives of financial market supervision
In accordance with the financial market acts, financial market supervision has the objectives of protecting creditors, investors, and insured persons as well as ensuring the proper functioning of the financial market. It thus contributes to sustaining the reputation, competitiveness and sustainability of Switzerland’s financial centre.
Art. 4 — Amended by Annex No II 16 of the Financial Institutions Act of 15 June 2018, in force since 1 Jan. 2019 (AS 2018 5247; BBl 2015 8901).