Compliance
New Swiss Regulatory Regime Gets Fully Under Way
The final phase of a rollout of Swiss regulations on EAMs is over. From now on, the focus will be on which firms stay in business, which ones merge, sell up, or just disappear. The arrival of other regulatory regimes around the world has seen such change, and this Swiss version promises to be no different.
The New Year brings the start of a
new regulatory regime for Switzerland’s external asset
managers (EAMs) market. EAMs and trustees needed to
submit their licence applications in by the end of last year
– not all may have made it.
While there’s always the distant possibility of licence
application extensions, the
Swiss Financial Market Supervisory Authority (FINMA) has
insisted that deadlines exist for a reason. When other markets
have come under regulatory umbrellas, such as in Singapore, the
European Union and UK, the Alpine state clearly thinks it is high
time modern approaches were used.
We don’t know yet how many EAMs and trustees may choose to hang
up their hats. Hundreds of external asset managers may vanish
through closure, merger, or sale. The demise of mostly small EAMs
(such as those with SFr100 million ($108 million) in AuM or less)
means that banks acting as service providers and custodians of
EAM clients’ assets must wrestle with an industry in flux over
the coming weeks.
As of 31 July 2022, a total of 1,535 institutions were applying for licences or had already completed their applications. From notifications received in 2020, 130 institutions had already told FINMA that they would not be applying for a licence under the new system. (One bank told this news service that about 400 firms were likely to vanish.)
As a reminder, a number of Swiss federal acts have built the new
regulatory structure: the Financial Services Act (FinSA) and the
Financial Institutions Act (FinIA). The acts came into force at
the start of 2020. FinSA, which took full effect in 2022,
contains the code of conduct setting out how financial service
providers must comply vis-à-vis their clients, in some ways
mirroring the European Union’s MiFID II regime. FinIA
standardises the authorisation rules for certain financial
institutions.
EAMs have often been built by breakaway teams of bankers seeking
independence, closeness to clients and freedom from bureaucracy.
Some EAMs focus on serving expat Americans, or other foreign
nationals; there are EAMs specialising in debt, private markets,
sustainable investment, high-tech, healthcare and specialist
equities. Sizes vary in terms of AuM, staff and resources.
The sector hasn’t always attracted the attentions of the media or
commentators, as is the case with private banks, for example, but
collectively it wields considerable financial muscle. This news
service introduced awards programmes for the sector several years
ago to give it the recognition it deserves. (See
here for more information.)
As the new regime beds in, and firms have to adjust, this news
service intends to keep abreast of developments, challenges and
grumbles. We invite readers to get in touch, and welcome
comments. Email tom.burroughes@wealthbriefing.com