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Art. 22

951.311CISOFederal Council OrdinanceJan 1, 2007Original source

(Art. 14 para. 1 let. d CISA)

  1. Legal entities may include the following in qualifying capital:
    1. the paid-up share and participation capital in the case of a company limited by shares and partnership limited by shares, and the issued capital in the case of a limited liability company;
    2. the general statutory reserve and other reserves;
    3. retained earnings;
    4. the net profit for the current financial year after deducting the estimated earnings distribution, provided an audited interim financial statement including full income statement is available;
    5. hidden reserves, provided they are assigned to a separate account and designated as own funds. Their allowability must be confirmed in the audit report1.
  2. Partnerships may include the following in qualifying capital:2
    1. the capital accounts;
    2. the partnership contributions;
    3. 3
    4. the funds of the partners with unlimited liability, provided the conditions stated in Article 20 paragraph 3 are met.
  3. 4
  4. The qualifying capital as defined in paragraphs 1 and 2 letters a–d must account for at least 50 per cent of the total required.

Footnotes

  1. Expression in accordance with No 6 of the Financial Market Audit Act of 15 Oct. 2008, in force since 1 Jan. 2009 (AS 2008 5363).

  2. Amended by No I of the O of 13 Feb. 2013, in force since 1 March 2013 (AS 2013 607).

  3. Repealed by Annex 1 No II 9 of the Financial Institutions Ordinance of 6 Nov. 2019, with effect from 1 Jan. 2020 (AS 2019 4633).

  4. Repealed by Annex 1 No II 9 of the Financial Institutions Ordinance of 6 Nov. 2019, with effect from 1 Jan. 2020 (AS 2019 4633).

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