FinSA Art. 4 - Client segmentation

Einleitung zur Rechtsnorm FinSA:

Art. 4 FinSA from 2024

Art. 4 Client segmentation

¹ Financial service providers shall assign the persons for whom they provide financial services to one of the following segments:

a. retail clients;

b. professional clients;

c. institutional clients.

² Retail clients are clients who are not professional clients.

³ Professional clients ⁽¹⁾ are:

a. financial intermediaries as defined in the Banking Act of 8 November 1934 ⁽²⁾ (BankA), the Financial Institutions Act of 15 June 2018 ⁽³⁾ (FinIA) and the CISA ⁽⁴⁾ ;

b. ⁽⁵⁾ supervised insurance institutions;

c. foreign clients subject to prudential supervision as the persons listed under a and b above;

d. central banks;

e. ⁽⁵⁾ public entities, institutions and foundations with professional treasury operations;

f. occupational pension schemes with professional treasury operations and other occupational pension institutions providing professional treasury operations;

g. companies with professional treasury operations;

h. large companies;

i. private investment structures with professional treasury operations created for high-net-worth retail clients.

⁴ Institutional clients ⁽⁷⁾ are professional clients as defined in paragraph 3 letters a to d as well as national and supranational public entities with professional treasury operations.

⁵ A large company is a company which exceeds two of the following parameters:balance sheet total of CHF 20 million;turnover of CHF 40 million;equity of CHF 2 million.

⁶ Companies of a group that receive a financial service from another company from the same group are not deemed to be clients.

⁷ Financial service providers may refrain from client segmentation if they treat all clients as retail clients.

⁽¹⁾ As professional clients are primarily legal entities, they are referred to herein as ‘it’.
⁽²⁾ SR 952.0
⁽³⁾ SR 954.1
⁽⁴⁾ SR 951.31
⁽⁵⁾ ⁽⁶⁾
⁽⁶⁾ Amended by Annex No 4 of the FA of 17 Dec. 2021, in force since 1 March 2024 (AS 2024 53; BBl 2020 6885).
⁽⁷⁾ As institutional clients are primarily legal entities, they are referred to as «it».

Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.

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