Legal & Regulatory Framework
FINMA International operates under the principles and legal obligations established by the Swiss Financial Market Supervisory Authority (FINMA). While based in the Netherlands, FINMA International ensures strict adherence to Swiss financial regulations in connection with cross-border transactions that directly or indirectly involve entities or clients under Swiss jurisdiction.
All activities are monitored and governed in accordance with the following legal instruments:
1. Financial Market Supervision Act (FINMAG, SR 956.1)
Defines the mandate, powers, and organizational structure of FINMA. All affiliated entities must comply with supervisory directives issued under this Act.
2. Financial Institutions Act (FINIG, SR 954.1)
Applies to financial institutions engaged in asset management, portfolio management, trustee services, and other regulated activities, including those conducted cross-border with Swiss connections.
3. Financial Services Act (FIDLEG / FinSA, SR 950.1)
Governs the provision of financial services to clients in or from Switzerland. This includes conduct rules, client segmentation, and documentation requirements for financial service providers, irrespective of their physical location.
4. Anti-Money Laundering Act (AMLA / GwG, SR 955.0)
Establishes obligations for financial intermediaries to detect, prevent, and report money laundering and terrorism financing. These obligations apply to all entities with ties to Swiss financial institutions, including international branches.
5. Collective Investment Schemes Act (CISA / KAG, SR 951.31)
Applies to the distribution, management, and safekeeping of collective investment schemes in or from Switzerland. Cross-border fund activities involving Swiss investors fall under its scope.
6. Swiss Data Protection Act (FADP / DSG, SR 235.1)
Governs the processing and protection of personal data, including data handled abroad on behalf of Swiss financial institutions or clients.
Compliance & Supervision
FINMA International applies the same standards of risk control, transaction monitoring, reporting, and client due diligence as required within Switzerland. All monitoring protocols align with FINMA Circulars and Ordinances, including but not limited to:
- FINMA Circular 2016/7 - Video and online identification
- FINMA Circular 2017/1 - Corporate governance – banks
- FINMA AML Ordinance (AMLO-FINMA, SR 955.033.0)
Where applicable, FINMA International cooperates with both Swiss and European regulatory authorities to ensure seamless oversight and regulatory alignment.
