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The new FINIO-FINMA regulates the details of professional indemnity insurance for portfolio managers, trustees and managers of collective assets, details calculating the de minimis threshold for portfolio managers and rules on risk management and ICS for managers of collective assets.
The professional indemnity insurance for portfolio managers, trustees and managers of collective assets must cover the respective business area (geographically and objectively) as defined in the organisational documents. It must include all activities for which a portfolio manager or trustee is legally responsible (negligence and gross negligence, no reduction for gross negligence permissible). In addition, follow-up liability is introduced for policies underpinned by the claims-based principle or occurrence of damage principle. It also includes the duty to set aside funds to make funds available in a liability scenario. For managers of collective assets, the regulation on insurance is similar to those of portfolio managers and trustees.
The FINIO-FINMA also contains details on calculating the de minimis threshold for gaining authorisation as a portfolio manager. The provisions entail regulation and a transfer from CISO-FINMA to FINIO-FINMA and contains amendments in respect of managers of pension fund assets, as they will also be understood as “managers of collective assets”.
Rules on risk management and internal control system for managers of collective assets: The FINIO-FINMA regulations correspond to the regulations in CISO-FINMA. In addition, a duty for liquidity risk management is introduced with FINIO-FINMA.
The FINIO-FINMA sets out a transitional period for managers of collective assets (or portfolio managers or trustees) who already have authorisation for performing their services to implement the FINIO-FINMA until 31 December 2021.
FINMA Collective Investment Schemes Ordinance (CISO-FINMA): Managers of collective assets and fund managers are newly regulated in FINIA, which will lead to certain changes in CISO-FINMA.
FINMA Anti-Money Laundering Ordinance (AMLO-FINMA): Changes in the AMLO-FINMA are made due to the change of terminology as well as the fact that the DSFI are no longer to be foreseen under the new regulation.
Additionally, certain minor adjustments will be made to the FINMA Collective Investment Schemes Bankruptcy Ordinance, the FINMA Banking Insolvency Ordinance and the FINMA Financial Market Infrastructure Ordinance.
The following FINMA Circulars will be changed:
In addition, certain FINMA Circulars will be repealed:
For the understanding what the implementation of FINSA and FINIA may mean for you and how PwC may be of assistance, see the attached one-pager.
Dr. Jean-Claude Spillmann
Partner, Head Asset & Wealth Management and Banking Regulatory, Legal, PwC Switzerland
Tel: +41 58 792 43 94
TLS Manager, PwC Switzerland
Tel: +41 58 792 40 22