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As a result of the Financial Institutions Act (FinIA), which entered into force on 1 January 2020, portfolio managers and trustees are obliged to obtain authorisation from FINMA as portfolio managers or trustees. After authorisation has been granted, they will be prudentially supervised by a supervisory organisation (SO).
The transitional provisions stipulated in the FinIA and the Financial Institutions Ordinance (FinIO) envisage that the application for authorisation must be submitted to FINMA by 31 December 2022. However, the deadline for implementing the requirements of the Financial Services Act (FinSA), which also came into force on 1 January 2020, expires on 31 December 2021.
In order to provide portfolio managers and trustees with effective and cost-efficient support in the implementation of FinIA and FinSA, PwC has developed two fixed-price service packages, which provide comprehensive support with the application for authorisation. Both packages include various advisory meetings as well as the preparation of the application for authorisation and assistance in affiliation to an SO.
Within the scope of the application preparation, PwC will draft organisational documents tailored to the applicant’s specific business activity (articles of association, organisational regulations, internal policies). In doing so, PwC always has the goal of addressing the special aspects of each individual case and making the organisation as efficient as possible. While the ‛FinIA Basic’ package is suitable for simple settings and for trustees, the ‛FinIA Advanced’ package is tailored to portfolio managers with more complex circumstances – for example, portfolio managers with significant cross-border activities or de minimis managers of collective assets.
In addition, on request, PwC also offers packages with standard documents for the implementation of FinIA and/or FinSA that do not include any advice.
Firstly, PwC has extensive experience in supporting FINMA authorisation applications and is able to build on this experience. PwC’s experience covers simpler authorisations in the portfolio and asset management area as well as complex banking and financial market infrastructure authorisations. In addition, PwC has supported numerous banks, securities firms, fund management companies and managers of collective assets in the implementation of FinSA. This cumulated competence is now also available for smaller and very small portfolio managers.
Secondly, PwC has always recognised the importance of small and medium-sized companies for Switzerland as a business location and has developed dedicated service offerings accordingly. PwC is therefore very familiar with the concerns of smaller organisations and knows how to factor them in.