FINMA may confiscate any profit that a supervised person or entity or a responsible person in a management position has made through a serious violation of the supervisory provisions.
The foregoing provision applies by analogy if a supervised person or entity or a responsible person in a management position has prevented a loss through a serious violation of supervisory provisions.
Where the extent of the assets to be confiscated cannot be ascertained or requires a disproportionate effort to be ascertained, FINMA may make an estimate.
The right to confiscate prescribes after seven years.
Criminal law confiscation under Articles 70–72 of the Criminal Code70 takes precedence over confiscation under this provision.
The confiscated assets go to the Confederation unless they are paid to the parties suffering loss.