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The Swiss Financial Market Supervisory Authority (FINMA) is the Swiss government body responsible for financial regulation. This includes the supervision of banks, insurance companies, stock exchanges and securities dealers, as well as other financial intermediaries in Switzerland. The FINMA is an independent institution with its own legal personality based in
Bern german: Berner(in)french: Bernois(e) it, bernese , neighboring_municipalities = Bremgarten bei Bern, Frauenkappelen, Ittigen, Kirchlindach, Köniz, Mühleberg, Muri bei Bern, Neuenegg, Ostermundigen, Wohlen bei Bern, Zollikofen , websit ...
. It is institutionally, functionally and financially independent from the central federal administration and the Federal Department of Finance and reports directly to the Swiss parliament. The FINMA is called german: Eidgenössische Finanzmarktaufsicht, french: Autorité fédérale de surveillance des marchés financiers, it, Autorità federale di vigilanza sui mercati finanziari. Its main name and its acronym are expressed in English so as to avoid the semblance of favouring any one of Switzerland's linguistic regions. Anne Héritier Lachat was Chairwoman of the Board of Directors from 2011 until 1 January 2016 when Thomas Bauer, former Ernst & Young partner became Chairman.


History

Banking supervision was introduced in Switzerland by the Federal Act on Banks and Savings Banks of 1934, following unsuccessful attempts that had started in 1914 and triggered by the severe banking crisis of 1931. The 1934 legislation established the Federal Banking Commission (FBC, german: eidgenössische Bankenkommission or EBK) as a national prudential supervisor. For decades, however, the FBC staff was kept in the single digits on a very small budget. It was still only 10 in 1975, and grew to 35 in the late 1980s. FINMA was founded on the 22 June 2007 with the passing of the Federal Act on the Swiss Financial Market Supervisory Authority (FINMASA). This merged the FBC with the Federal Office of Private Insurance (FOPI) and the Anti-Money Laundering Control Authority into one agency responsible for all financial regulation in Switzerland. Switzerland is home to two of the worlds major banks
UBS UBS Group AG is a multinational investment bank and financial services company founded and based in Switzerland. Co-headquartered in the cities of Zürich and Basel, it maintains a presence in all major financial centres as the largest Swi ...
and
Credit Suisse Credit Suisse Group AG is a global investment bank and financial services firm founded and based in Switzerland. Headquartered in Zürich, it maintains offices in all major financial centers around the world and is one of the nine global " ...
and as these are significant to the Swiss economy, FINMA has a special regulatory team dedicated to each of these two institutions. All
Swiss banks Banking in Switzerland dates to the early eighteenth century through Switzerland's merchant trade and has, over the centuries, grown into a complex, regulated, and international industry. Banking is seen as emblematic of Switzerland, along with ...
must receive a banking license from FINMA. Since 2019, certain fintech companies can also apply for a "FinTech banking license". As of February 2022, four companies have been granted fintech banking licenses: Yapeal AG, SR Saphirstein AG (Fiat24), Mogli AG, and Klarpay AG.


UBS and US tax affair

On 19 February 2009, the US government filed suit against
UBS UBS Group AG is a multinational investment bank and financial services company founded and based in Switzerland. Co-headquartered in the cities of Zürich and Basel, it maintains a presence in all major financial centres as the largest Swi ...
to reveal the names of all 52,000 U.S. customers, alleging that the bank and these customers conspired to defraud the US tax authority IRS of legitimately owed tax revenue. However revealing customer names was contrary to Swiss law and put UBS in a difficult position. Eventually UBS, with the support of FINMA, agreed to provide the names of 250 to 300 clients through FINMA and pay U.S. $780 million fines to settle the matter. FINMA used a section of the Act provided for situations in which a bank is threatened with bankruptcy to allow this to happen. Subsequently, in February 2009 the
Federal Administrative Court of Switzerland The Federal Administrative Court of Switzerland (german: Bundesverwaltungsgericht, french: Tribunal administratif fédéral, it, Tribunale amministrativo federale; rm, Tribunal administrative federal) is a Swiss federal court. It is the judicia ...
ordered FINMA to stop the transmission to the U.S. tax authorities. However it is believed that data from 250 UBS clients had already been transmitted.


Responsibilities and functions

As a state regulatory body, the FINMA is endowed with supreme authority over banks, insurance companies, stock exchanges, securities dealers and collective investment schemes. It is responsible for combating money laundering and, if necessary, conducts financial restructuring and bankruptcy proceedings. In addition, it has supervisory powers with respect to the disclosure of participations and is the complaints body for decisions of the Takeover Board in the area of public takeover bids for listed companies. The FINMA grants operating licences for companies and organisations subject to its supervision, monitors the supervised institutions with respect to their compliance with the requisite laws, ordinances, directives and regulations, as well as with the conditions for the granting of licences that must be complied with at all times. If necessary and to the extent permissible by law, the FINMA imposes sanctions, provides administrative assistance and regulates. In other words, it participates in the amendment of laws and corresponding ordinances, issues circulars and, when it is authorized to do so, its own ordinances. FINMA is also responsible for ensuring that self-regulation is acknowledged appropriately. The FINMA provides supervision when there is a risk to creditors, investors and policy holders and can penalise individuals or authority, its decision, however, can be challenged in a court. It can also ensure compliance, issue warnings, cancel licenses and liquidate companies. Supervision: FINMA takes a risk-based approach to its supervision of financial institutions, working to identify threats that could affect individual institutions or the entire financial system. FINMA is particularly vigilant about money laundering and the financing of terrorism and closely monitors the Swiss financial markets for AML/CFT compliance.


Organisational structure

The FINMA is made up of a board of directors, an executive board and an extended executive board. The Board of Directors is a strategic management body and has seven to nine independent expert members appointed via parliament. It decides on matters of substantial importance, issues ordinances and circulars, and is responsible for FINMA’s budget. It also ensures internal controls by means of an internal audit unit and oversees the Executive Board. The Board of Directors maintains institutionalised contact at the highest management level with key authorities and organisations in Switzerland and abroad. It thus has the opportunity to raise important developments and issues with selected stakeholders. The Executive Board is FINMA's operational management body and is responsible for ensuring that banks, insurance companies, stock exchanges, securities dealers and other financial intermediaries are supervised in accordance with the law and respective strategy. The Executive Board decides on matters such as the granting of licences, key management, organisational and personnel issues, directives and supervisory matters of cross-divisional significance. The Executive Board prepares the necessary files and materials for decisions on items of business that fall under the remit of the Board of Directors and is responsible for implementing the resolutions of the Board of Directors and its committees. The Extended Executive Board assists and relieves the burden on the Executive Board. It performs key functions in relation to strategy implementation, staff development and the representation of the FINMA towards external audiences. The FINMA is the Swiss government body responsible for financial regulation. This includes the supervision of banks, insurance companies, stock exchanges and securities dealers as well as other financial intermediaries in Switzerland.


See also

*
Banking in Switzerland Banking in Switzerland dates to the early eighteenth century through Switzerland's merchant trade and has, over the centuries, grown into a complex, regulated, and international industry. Banking is seen as emblematic of Switzerland, along with ...
* Economy of Switzerland * Securities Commission *
Swiss National Bank The Swiss National Bank (SNB; german: Schweizerische Nationalbank; french: Banque nationale suisse; it, Banca nazionale svizzera; rm, Banca naziunala svizra) is the central bank of Switzerland, responsible for the nation's monetary policy an ...
*
List of Swiss financial market legislation The Federal Act on Banks and Savings Banks is a Swiss federal law and act-of-parliament that operates as the supreme law governing banking in Switzerland. Although the federal law has only been amended seven times, it has been revised multiple ti ...


References


External links

* {{Portal bar, Economy, Switzerland Financial services companies established in 2007 Federal offices of Switzerland Financial regulatory authorities of Switzerland