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FinSA Q&A: Documentation & DoD - Documentation

FinSA Q&A: Documentation & DoD - Documentation

UBS Business Solutions AG

Date: May 23, 2022

This product consists of 12 Q&As with elaborations on the documentation requirements of the FinSA.

PV10252
$1,059.17

Author's Note

The product, a know-how collection entitled “ FinSA Q&A: Documentation & DoD - Documentation ” consists of 12 questions and answers (" Q&As ") including use cases developed by the UBS team of regulatory experts and provides you with the basis for understanding the general documentation and delivery of documents requirements 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 Documentation and Delivery of Documents Requirements 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 the pertaining documentation and delivery of documents requirements. The rules in their interplay can be complex and the practice is still developing. A good understanding of this topic may...

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The product, a know-how collection entitled “FinSA Q&A: Documentation & DoD - Documentation consists of 12 questions and answers ("Q&As") including use cases developed by the UBS team of regulatory experts and provides you with the basis for understanding the general documentation and delivery of documents requirements 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 Documentation and Delivery of Documents Requirements 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 the pertaining documentation and delivery of documents requirements. 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 Documentation & Delivery of Documents 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

What has changed regarding the documentation duty with the enactment of the FinSA?

Until the FinSA came into force, the financial service provider's documentation duty was mainly governed by civil law and data protection law. After the FinSA came into force, in the case of a legal action against the financial service provider, the client continues to bear the full burden of proof for all requirements of a claim (i.e. breach of duty, damage, causality). The change which comes with the new law is that the duties are now explicitly laid down in the FinSA and will therefore play an important role in future client claims – especially in connection with art. 72 FinSA (for further detail please refer to the topic Delivery of Documents). Due to the public law character of the documentation duties, the FinSA is, however, not directly applicable to the client relationship. Nonetheless, the risk remains that the breach of the documentation duty could be interpreted by civil courts as a lack of information to the client (so-called “Ausstrahlungswirkung”). This could in turn lead to the assumption that an adequately informed client would not have invested in, e.g., recommended financial instruments.  This tendency is likely to accelerate with the FinSA. 

Are there differences with regard to the documentation duty for professional and/or institutional clients? 

According to art. 20(1) FinSA, the regulatory provisions regarding the code of conduct (art. 7 – art. 19 FinSA) do not apply to transactions involving institutional clients. In addition, according to art. 20(2) FinSA professional clients may expressly release financial service providers from applying the code of conduct set out in art. 8, art. 9, art. 15 and art. 16 FinSA.  On the other hand, the delivery of documents under art. 72 FinSA is mandatory and hence cannot be waived and apply with regard to all client segments. 

 

Who needs it

The FinSA Q&A: Documentation & DoD - Documentation 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 these FinSA conduct duties 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).

Relative Advantage

The FinSA Q&A: Documentation & DoD - Documentation gets rid of the need to research Swiss regulatory requirements regarding these conduct duties. 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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