¹ This Act applies to:

a.

financial intermediaries;

b.

natural persons and legal entities that deal in goods commercially and in doing so accept cash (dealers).⁷

² Financial intermediaries are:

a.⁸

banks as defined in Article 1a of the Banking Act of 8 November 1934⁹ (BankA) and the persons defined in Article 1b BankA;

a^bis.¹⁰

portfolio managers and trustees as defined in Article 2 paragraph 1 letters a and b of the Financial Institutions Act of 15 June 2018¹¹ (FinIA);

b.¹²

fund management companies as defined in Article 2 paragraph 1 letter d FinIA;

b^bis.¹³

investment companies with variable capital, limited partnerships for collective investment and investment companies with fixed capital in accordance with the Collective Investment Schemes Act of 23 June 2006¹⁴, as well as the managers of collective assets in accordance with Article 2 paragraph 1 letter c FinIA;

c.¹⁵

insurance institutions as defined in the Insurance Supervision Act of 17 December 2004¹⁶ that deal in direct life insurance or offer or distribute shares in collective investment schemes;

d.¹⁷

securities firms in accordance with Article 2 paragraph 1 letter e FinIA;

d^bis.¹⁸ central counterparties and central securities depositories in accordance with the Financial Market Infrastructure Act of 19 June 2015¹⁹ (FinMIA);

d^ter.²⁰

payment systems that require authorisation from the Swiss Financial Market Supervisory Authority (FINMA) in accordance with Article 4 paragraph 2 FinMIA;

d^quater.²¹

trading facilities for DLT securities in accordance with Article 73a FinMIA (DLT trading facilities);

e.²²

casinos as defined in the Gambling Act of 29 September 2017²³ (GamblA);

f.²⁴

promoters of large-scale games under the GamblA;

g.²⁵

trade assayers and group companies in accordance with Article 42^bis of the Precious Metals Control Act of 20 June 1933²⁶ (PMCA).

³ Financial intermediaries are also persons who on a professional basis accept or hold on deposit assets belonging to others or who assist in the investment or transfer of such assets; they include in particular persons who:

a.

carry out credit transactions (in particular in relation to consumer loans or mortgages, factoring, commercial financing or financial leasing);

b.

provide services related to payment transactions, in particular by carrying out electronic transfers on behalf of other persons, or who issue or manage means of payment such as credit cards and travellers’ cheques;

c.

trade for their own account or for the account of others in banknotes and coins, money market instruments, foreign exchange, precious metals, commodities and securities (stocks and shares and value rights) as well as their derivatives;

d.²⁷

...

e.²⁸

...

f.

make investments as investment advisers;

g.

hold securities on deposit or manage securities.

⁴ This Act does not apply to:

a.

the Swiss National Bank;

b.

tax-exempt occupational pension institutions;

c.

persons who provide their services solely to tax-exempt occupational pension institutions;

d.

financial intermediaries within the meaning of paragraph 3 who provide their services solely to financial intermediaries within the meaning of paragraph 2 or to foreign financial intermediaries who are subject to equivalent supervision.