(Art. 52 para. 1 and 53 FinIA)
1 The foreign financial institution must have:
- a.
- authorisation and supervision at least equivalent to the authorisation and supervision requested for the branch in Switzerland;
- b.
- collateral which is comparable to that in accordance with:
- 1.
- Articles 22 and 23 FinIA in the case of foreign financial institutions which manage assets or act as a trustee (Article 52 paragraph 1 letter a FinIA),
- 2.
- Articles 28, 29, 36 and 37 FinIA in the case of foreign financial institutions which perform fund business, portfolio management for collective investment schemes or portfolio management for occupational pension schemes (Article 52 paragraph 1 letter b FinIA),
- 3.
- Articles 45–47 FinIA in the case of foreign financial institutions which trade securities, execute transactions or manage client accounts (Article 52 paragraph 1 letters c–e FinIA).
2 The branch must:
- a.
- comply with the standards of the FinSA37 if it provides financial services in accordance with Article 3 letter c FinSA;
- b.
- comply with the conditions in accordance with Article 20 FinIA in the case of foreign financial institutions which manage assets or act as a trustee (Article 52 paragraph 1 letter a FinIA);
- c.
- be subject to supervision:
- 1.
- in accordance with Articles 61 and 62 FinIA in the case of foreign financial institutions which manage assets or act as a trustee,
- 2.
- in accordance with Articles 61 and 63 FinIA in the case of foreign financial institutions in accordance with Article 52 paragraph 1 letters b–e FinIA.
3 The foreign financial institution may only apply for entry of the branch in the commercial register when FINMA has granted said financial institution authorisation to establish the branch.