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FinSA Q&A: Client Classification - Use Cases

FinSA Q&A: Client Classification - Use Cases

UBS Business Solutions AG

Date: May 30, 2022

This product consists of 4 Q&As with use cases on the client classification rules under the FinSA, including 7 standard forms and templates.

PV10239
$932.07

Author's Note

The product, a know-how collection entitled “ FinSA Q&A: Client Classification – Use Cases ” consists of 4 questions and answers (" Q&A s") as well as 7 standard form templates developed by the UBS team of regulatory experts and provides you with general questions and answers as well as specific use cases applying the client classification requirements under the new Swiss Financial Services Act (" FinSA "). Your purchase gives you access to a know-how collection prepared by UBS and may serve as a basis for you to establish your best practices as a financial service provider. The Swiss regulatory standard for Client Classification The FinSA in its interplay with the Swiss Financial Institutions Act (“ FinIA ”) and the revised Swiss Collective Investment Schemes Act (“ revCISA ”) includes extensive requirements on how clients should be classified. The definitions and procedures for classifying clients under the FinSA are complex and the practice is still developing. Proper...

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The product, a know-how collection entitled “FinSA Q&A: Client Classification – Use Cases” consists of 4 questions and answers ("Q&As") as well as 7 standard form templates developed by the UBS team of regulatory experts and provides you with general questions and answers as well as specific use cases applying the client classification requirements under the new Swiss Financial Services Act ("FinSA").

Your purchase gives you access to a know-how collection prepared by UBS and may serve as a basis for you to establish your best practices as a financial service provider.

The Swiss regulatory standard for Client Classification

The FinSA in its interplay with the Swiss Financial Institutions Act (“FinIA”) and the revised Swiss Collective Investment Schemes Act (“revCISA”) includes extensive requirements on how clients should be classified. The definitions and procedures for classifying clients under the FinSA are complex and the practice is still developing. Proper client classification may hence be one of the top priorities in order to avoid regulatory and operational risks in this context.

These Q&As and sample forms are essential practical knowledge for those that provide financial services in Switzerland or to clients in Switzerland.

For a full overview of the questions covered by this product, see Questions answered by UBS' FinSA Q&A under the Client Classification section.

What you get

After you make your purchase, PartnerVine makes the Q&A available to you for download as a searchable pdf. The pdf includes both the Q&As and the forms and templates sold as part of the FinSA Q&A: Client Classification – Use Cases. Below are two Q&As from this product so you can see a sample of what you will get:

Samples of the Q&A

If a client has not been correctly classified initially under the FinSA, does the client need to declare an opt-out/opt-in to reach the correct classification?

No, the financial service provider is responsible for the correct initial client classification (see question 1.4.) unless the financial service provider decided to classify all clients as retail clients (art. 4(7) FinSA). Therefore, if a client has not been classified correctly in the initial phase the client shall be re-classified by the financial service provider into the correct client segment; any opt-in or opt-out declaration by the client is not required. 

Is a classification of group internal companies required?

No, according to art. 4(6) FinSA, companies of a group that receive a financial service from another company from the same group are not deemed to be “clients”. Further, under art. 3(4) FinSO, companies or units of a group which provide financial services for other companies or units of the same group are not deemed to be “financial service providers” within the meaning of art. 3(d) FinSA. Hence, the exclusion from the FinSA is twofold: there is neither a client nor a financial service provider within the intra-group relationship. 

For further details please consult question 2.7. regarding the personal scope of the FinSA. 

 

Who needs it

The FinSA Q&A: Client Classification – Use Cases is for financial service providers providing their services in Switzerland or to clients in Switzerland. If you are a financial service provider, this product helps you understand the FinSA client classification requirements and implement them.

About UBS

UBS Business Solutions AG ("UBS") is a wholly-owned subsidiary of the UBS Group AG. For more information on UBS, go to www.ubs.com.

Key features

Key features of this product include: 

  • Structured & easy-to-read. Structured in a reader-friendly, easy-to-access Q&A format that is aligned with the relevant regulations.
  • Easy-to-understand. The language is practical and business friendly. The explanations in the text are accompanied by tables and graphics which make it easier to understand and communicate the regulations.
  • Interconnected. The Q&As include references to related content in other modules of UBS' FinSA Q&A and third party content to help readers understand the issues.
  • Categorization. All of the Q&As are categorized into specific topic groups which you can adapt to your individual needs.
  • Upskilling your employees. Underlined terms are explained in the Glossary, which is a complementary product that comprises over 160 terms and definitions. Together with the Glossary, the Q&As provide knowledge management support not just for employees that know an issue well, but employees that need to learn about an issue, increasing expertise across your firm.
  • Cost & time savings. You receive extraordinary value when you purchase this product. As your usage increases, your savings increase dramatically (see the Relative Advantage Calculator on the left hand side and the section below on the Relative Advantage Calculator, which will help you understand the value of this product).
  • Valuable forms and templates. The forms and templates included with the product were prepared by UBS' regulatory team. The forms and templates in this product include: 
    • Opt-out form from retail to professional client for natural persons
    • Opt-out form from retail to professional client for legal persons
    • Opt-out form from retail to professional client for private investment vehicle
    • Opt-out form from retail to institutional client for Swiss and non-Swiss CIS and ManCO
    • Opt-out form from professional to institutional client
    • Opt-in form to retail client
    • Opt-in form to professional client

Relative Advantage

The FinSA Q&A: Client Classification – Use Cases gets rid of the need to research Swiss regulatory requirements regarding client classification. The Relative Advantage Calculator on this page shows a conservative use case, and the amount you would save compared to doing the tasks without the benefit of our product. For the calculator, we've taken an hour as the estimate for a lawyer charging CHF 450 per hour to research the answer to one of our Q&As. Our assumptions are conservative ones based on our experience. If you'd like to change our assumptions, you can do so in the calculator and run the number again. The value delivered by our product is meaningful in the vast majority of circumstances, and exceptional as your usage increases. 

Circumstances of Use

This product is intended for Swiss financial service providers and financial institutions and provides general information on the FinSA and related laws as of the date of finalization. Our objective is to provide the UBS' perspective of the law in order to help support a better understanding of the new regulatory framework in Switzerland. This product can be used either for implementing the new regulatory framework or as the basis of your own internal knowledge management. This product is not for use outside of Switzerland.

Important Terms

  • This product is provided to you only for use in Switzerland.
  • You are required to pay for this product by invoice after you have received it. As digital products are so easily replicable, there is no right of rescission for this product and your obligation to pay is unconditional.
  • This product is provided to you on a non-reliance basis. There is no guarantee that this product will address your particular facts and circumstances, and you will have no recourse to UBS or PartnerVine if you do not think it does.
  • Use of this product does not create an attorney-client relationship with UBS Business Solutions AG or PartnerVine, nor should the product be considered a substitute for qualified legal advice. If you need advice tailored to your facts and circumstances, please consult qualified counsel.
  • Your contract for this product is with UBS Business Solutions AG. You will not have recourse to PartnerVine in respect of your use and enjoyment of this product.

Support

This product is a downloadable pdf. There is no additional support for this product.



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