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Art. 43 – Duty to obtain authorisation or recognition

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Art. 43

Duty to obtain authorisation or recognition

1

Anyone who operates an organised trading facility requires authorisation as a bank, securities dealer or DLT trading facility, or authorisation or recognition as a trading venue.35

2

No authorisation is required for the operation of an organised trading facility within a financial group if this is conducted via a legal entity that:

a.

is controlled directly by a financial market infrastructure; and

b.

is subject to consolidated FINMA supervision.

  1. 35 Amended by No I 10 of the FA of 25 Sept. 2020 on the Adaptation of Federal Law to Developments in Distributed Ledger Technology, in force since 1 Aug. 2021 (AS 2021 33, 399; BBl 2020 233).
Legal act context
SR 958.1 · FinMIA · Federal act · Federal Act of 19 June 2015 on Financial Market Infrastructures and Market Conduct in Securities and Derivatives Trading (Financial Market Infrastructure Act, FinMIA)
Structure path
Title 2 Financial Market Infrastructures Chapter 2 Trading Venues, Organised Trading Facilities and Power Exchanges Section 2 Organised Trading Facilities
Language
English (en)
Data status
2024-02-01

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