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Art. 133 – Supervisory instruments

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Art. 133187

Supervisory instruments

1

In the event of infringements of the contractual or regulatory provisions or of the provisions of the articles of association, the supervisory instruments pursuant to Articles 30–35 and 37 of the FINMASA188 apply mutatis mutandis.189

2

Article 37 of FINMASA also applies mutatis mutandis to approval under the present Act.

3

If the investors' rights appear to be endangered, FINMA may order the licensees to provide the necessary collateral.

4

If an enforceable order issued by FINMA is not complied with after prior warning within the deadline that has been set, FINMA may itself carry out the required actions at the expense of the negligent party.

  1. 187 Amended by Annex No 14 of the Financial Market Supervision Act of 22 June 2007, in force since 1 Jan. 2009 (AS 2008 5207 5205; BBl 2006 2829).
  2. 188 SR 956.1
  3. 189 Amended by No I of the FA of 28 Sept. 2012, in force since 1 March 2013 (AS 2013 585; BBl 2012 3639).
Legal act context
SR 951.31 · CISA · Federal act · Federal Act of 23 June 2006 on Collective Investment Schemes (Collective Investment Schemes Act, CISA)
Structure path
Title 5 Audit and Supervision Chapter 2 Supervision
Language
English (en)
Data status
2024-03-01

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