FinSA Art. 75 - Procedure

Einleitung zur Rechtsnorm FinSA:

Art. 75 FinSA from 2024

Art. 75 Procedure

¹ The proceedings before the ombudsman must be straightforward, fair, quick, impartial and inexpensive or free of charge for the client.

² The proceedings are confidential. The statements made by the parties within the framework of mediation proceedings and the correspondence between a party and the ombudsman may not be used in other proceedings.

³ The parties are not entitled to view the ombudsman'"s correspondence with the other party.

⁴ A mediation request is permissible at any time if:

a. it was submitted in accordance with the ombudsman'"s rules of procedure or using the form provided by the ombudsman;

b. the client credibly proves that they previously informed the financial service provider of their point of view and attempted to reach an agreement;

c. it is not obviously vexatious, and mediation proceedings have not already been conducted in the same matter; and

d. the case is not being or has not been dealt with by a conciliation authority or by a court, court of arbitration or administrative authority.

⁵ The proceedings are conducted in the official language of the Swiss Confederation chosen by the client unless the parties make alternative arrangements that comply with the ombudsman'"s rules of procedure.

⁶ The ombudsman shall freely assess the cases submitted to him and is not subject to any directives.

⁷ The ombudsman shall take the appropriate measures for mediation unless there appears to be no prospect of success from the outset.

⁸ If an agreement is not reached or there appears to be no prospect of such, the ombudsman may give the parties his own factual and legal assessment of the dispute based on the information available and include it in the notification of conclusion of proceedings.

Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.