The product, a know-how collection entitled “ FinSA Q&A: Scope – Territorial Scope ” consists of 13 questions and answers (" Q&As ") developed by the UBS team of regulatory experts and provides you with the basis for understanding who is in scope of the 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 Territorial Scope of the FinSA When applying the FinSA in its interplay with the Swiss Financial Institutions Act (“ FinIA ”) and the revised Swiss Collective Investment Schemes Act (“ revCISA ”) financial service providers also have to understand what the territorial scope of these regulations is. The rules in their interplay can be complex and the practice is still developing. A good understanding of this topic may hence be one of the top priorities in order to avoid regulatory and operational risks in this context. These Q&As are essential...Read more
The product, a know-how collection entitled “FinSA Q&A: Scope – Territorial Scope” consists of 13 questions and answers ("Q&As") developed by the UBS team of regulatory experts and provides you with the basis for understanding who is in scope of the 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 Territorial Scope of the FinSA
When applying the FinSA in its interplay with the Swiss Financial Institutions Act (“FinIA”) and the revised Swiss Collective Investment Schemes Act (“revCISA”) financial service providers also have to understand what the territorial scope of these regulations is. The rules in their interplay can be complex and the practice is still developing. A good understanding of this topic may hence be one of the top priorities in order to avoid regulatory and operational risks in this context.
These Q&As 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 Scope section.
What you get
After you make your purchase, PartnerVine makes the Q&A available to you for download as a searchable pdf. Below are two Q&As from this product so you can see a sample of what you will get:
Samples of the Q&A
Could a foreign institution actively service proxy holders domiciled in Switzerland of a client domiciled outside Switzerland without the FinSA being triggered?
Yes. The FinSA focuses on the contracting party, i.e., the client, and from a foreign financial service provider perspective, non-Swiss domiciled clients are out of scope. The same is thus true for holders of a power of attorney (PoAs) of such clients. Internal proxies such as authorized signatory employees or directors would though of course be in scope.
What offering outside of Switzerland is in scope?
Offering financial instruments outside of Switzerland is not in scope of the FinSA.
However, art. 70 FinSA stipulates certain requirements to be met when structured products are offered in or from Switzerland. However, the mere fact that a structured product is issued by a Swiss entity does not mean that this product is deemed to be offered from Switzerland.
The restriction that the issuer, guarantor or provider of collateral of structured products must be a Swiss bank, insurance company, investment firm or an equivalent supervised foreign institution only applies to an offer in or from Switzerland to retail clients without a long-term asset management or investment advisory relationship. Asset management and investment advisory clients may be offered structured products which are not issued, guaranteed or secured by a prudentially supervised institution, even if they are retail clients. In this context, however, it should be noted that asset management and investment advisory clients are generally considered to be retail clients and therefore the obligation to prepare a key information document (KID) applies, if structured products are offered to investment advisory clients.
Who needs it
The FinSA Q&A: Scope – Territorial Scope 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 scoping rules and implement them.
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 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).
The FinSA Q&A: Scope – Territorial Scope gets rid of the need to research Swiss regulatory requirements regarding material scope. 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.
- 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.
This product is a downloadable pdf. There is no additional support for this product.