rechtundgesetz.ch
Supporter

Art. 18 – Duties of FINMA

Monitor changes

Choose explicitly whether this legal target should be monitored personally or in the shared team workspace.

Open Monitoring Center

Select a dossier

Choose the personal dossier for this item.

Private tags

This assignment is visible only to you.

Create private tag

Art. 18

Duties of FINMA120

1

FINMA shall have the following duties in terms of its supervision of the financial intermediaries under Article 2 paragraph 3:121

a.

it recognises the self-regulatory organisations or withdraws such recognition;

b.122

it supervises the self-regulatory organisations;

c.

it approves the regulations issued by the self-regulatory organisations in accordance with Article 25 and any amendments thereto;

d.

it ensures that the self-regulatory organisations enforce their regulations;

e. and f.123

...

2

...124

3

In order to preserve professional secrecy, self-regulatory organisations shall arrange for inspections under this Act (AMLA inspections) to be carried out on lawyers by lawyers and on notaries by notaries.125

4

The lawyers and notaries instructed to carry out AMLA inspections must meet the following requirements:

a.

lawyer’s or notary’s practising certificate;

b.

guarantee of that inspections will be carried out properly;

c.

proof of the relevant knowledge of AMLA, practical experience and continuing professional development;

d.

independence from the member being checked.126

  1. 120 Amended by Annex No 17 of the Financial Market Supervision Act of 22 June 2007, in force since 1 Jan. 2009 (AS 2008 5207; BBl 2006 2829).
  2. 121 Amended by Annex No 17 of the Financial Market Supervision Act of 22 June 2007, in force since 1 Jan. 2009 (AS 2008 5207; BBl 2006 2829).
  3. 122 Amended by Annex No II 15 of the Financial Institutions Act of 15 June 2018, in force since 1 Jan. 2020 (AS 2018 5247, 2019 4631; BBl 2015 8901).
  4. 123 Repealed by Annex No II 15 of the Financial Institutions Act of 15 June 2018, with effect from 1 Jan. 2020 (AS 2018 5247, 2019 4631; BBl 2015 8901).
  5. 124 Repealed by Annex No 7 of the FA of 20 June 2014 (Consolidation of Oversight of Audit Companies), with effect from 1 Jan. 2015 (AS 20144073; BBl 20136857).
  6. 125 Amended by Annex No II 15 of the Financial Institutions Act of 15 June 2018, in force since 1 Jan. 2020 (AS 2018 5247, 2019 4631; BBl 2015 8901).
  7. 126 Inserted by Annex No 7 of the FA of 20 June 2014 (Consolidation of Oversight of Audit Companies), in force since 1 Jan. 2015 (AS 20144073; BBl 20136857).
Legal act context
SR 955.0 · AMLA · Federal act · Federal Act of 10 October 1997 on Combating Money Laundering and Terrorist Financing in the Financial Sector (Anti-Money Laundering Act, AMLA)
Structure path
Chapter 3 Supervision Section 3a Supervision of Financial Intermediaries under Article 2 paragraph 3
Language
English (en)
Data status
2024-03-01

Available language versions

Deutschde Françaisfr Italianoit Englishen

The official sources and versions published by the competent authorities remain authoritative.

Enactment navigation

Loading the complete structure

The requested content is already available. Articles, annexes and all other structure nodes are now being added.

The official sources and versions published by the competent authorities remain authoritative.

rechtundgesetz.ch provides orientation and search in publicly accessible legal information, but no legal advice.