Financial Services Ordinance (FINSO)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only, has no legal force.
Art. 98 Competence
(Art. 74 FinSA) Mediation proceedings shall be conducted by the ombudsman's office to which the client's financial service provider is affiliated.
Art. 99 Financing
(Art. 80 FinSA) 1 The ombudsman's office or an industry organisation designated by it shall levy from the financial service providers affiliated to it fees to cover all costs incurred by it in the execution of its statutory task. 2 The fees may be levied in the form of a fixed basic fee plus supplementary case-by-case fees in accordance with the ombudsman's office's schedule of fees and costs.
Art. 100 Admission
(Art. 81 and 84 para. 4 FinSA) 1 The organisational regulations of the ombudsman's office may provide that financial service providers are affiliated individually or, by virtue of their membership of an industry organisation, as a group. 2 The ombudsman's office is not obligated to readmit a financial service provider excluded in accordance with Article 82 FinSA insofar as the latter cannot guarantee that they will comply with the duties in accordance with Articles 78–80 FinSA. 3 If an individual financial service provider does not satisfy the affiliation conditions of a recognised ombudsman's office and it is neither possible nor reasonable for said provider to implement the changes required to satisfy the affiliation conditions, the Federal Department of Finance (FDF) can compel the best suited ombudsman's office to admit said financial service provider.
Art. 101 Requirements for recognition
(Art. 84 FinSA) 1 Ombudsman's offices must have sufficient financing to perform their task. This financing should cover their total costs and secure the creation of appropriate reserves. 2 Ombudsman's offices that are not legally independent must have sufficient separate and ring-fenced financing at their disposal. 3 The requirements for admission must be based on objective criteria. The following are deemed to be objective criteria: a. the nature of the authorisation held by the financial service provider; b. the nature of their supervision; c. their business model; d. their size; e. their industry affiliation; f. their membership of an industry or self-regulatory organisation.