Commentaries: Art. 13

Any party who establishes or operates a collective investment scheme or is responsible for the safekeeping of the assets held in it requires authorisation from FINMA.¹
The following must apply for authorisation:
1. ² .
2. SICAVs;
3. LPCIs;
4. SICAFs;
5. ³ the custodian bank;
6. and g.⁴ .
7. representatives of foreign collective investment schemes.
No authorisation is required for a Limited Qualified Investor Fund (L-QIF) in the legal form of a SICAV or LPCI.⁵
Representatives who are already subject to other equivalent official supervision may be granted exemption from the duty to obtain authorisation by the Federal Council.⁶
.⁷
The persons cited in paragraph 2 letters b–d may only be entered in the Commercial Register once authorisation has been granted by FINMA.⁸

Amended by Annex No II 13 of the Financial Institutions Act of 15 June 2018, in force since 1 Jan. 2020 (AS 2018 5247, 2019 4631;BBl 2015 8901). ↩
Repealed by Annex No II 13 of the Financial Institutions Act of 15 June 2018, with effect from 1 Jan. 2020 (AS 2018 5247, 2019 4631;BBl 2015 8901). ↩
Amended by Annex No II 13 of the Financial Institutions Act of 15 June 2018, in force since 1 Jan. 2020 (AS 2018 5247, 2019 4631;BBl 2015 8901). ↩
Repealed by Annex No II 13 of the Financial Institutions Act of 15 June 2018, with effect from 1 Jan. 2020 (AS 2018 5247, 2019 4631;BBl 2015 8901). ↩
Inserted by No I of the FA of 17 Dec. 2021, in force since 1 March 2024 (AS 2024 53;BBl 2020 6885). ↩
Amended by Annex No II 13 of the Financial Institutions Act of 15 June 2018, in force since 1 Jan. 2020 (AS 2018 5247, 2019 4631;BBl 2015 8901). ↩
Repealed by No I of the FA of 28 Sept. 2012, with effect from 1 March 2013 (AS 2013 585;BBl 2012 3639). ↩
Amended by Annex No II 13 of the Financial Institutions Act of 15 June 2018, in force since 1 Jan. 2020 (AS 2018 5247, 2019 4631;BBl 2015 8901). ↩

Art. 13