Financial Services Act (FinSA)

By Steph2
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In The Matter OfFinancial Services Act (FinSA)
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. 89 Violation of the code of conduct

A fine not exceeding CHF 100,000 shall be imposed on any person who wilfully: a. provides false information or withholds material facts when complying with the duties to provide information under Article 8; b. seriously violates the duties to assess appropriateness and suitability under Articles 10 to 14; c. violates the provisions on the disclosure of compensation paid by third parties under Article 26.

Art. 90 Violation of the regulations on prospectuses and key information documents

1 A fine not exceeding CHF 500,000 shall be imposed on any person who wilfully: a. provides false information or withholds material facts in the prospectus or key information document in accordance with Title 3; b. fails to publish the prospectus or the key information document under Title 3 by the beginning of the public offer at the latest. 2 A fine not exceeding CHF 100,000 shall be imposed on any person who wilfully fails to make the key information document available prior to subscription or conclusion of the contract.

Art. 91 Unauthorised offering of financial instruments

A fine not exceeding CHF 500,000 shall be imposed on any person who wilfully: a. offers retail clients structured products without complying with the conditions set out in Article 70; b. creates an in-house fund without complying with the conditions set out in Article 71.

Art. 92 Exemptions

Articles 89 to 91 do not apply to persons and entities subject to supervision in accordance with Article 3 FINMASA and to persons working for them.

SR 956.1