Commentaries: Art. 36

The operator shall submit the following documentation and information to the National Bank:
1. the annual report;
2. the contractual framework;
3. the organisational principles;
4. the minutes of the board of directors’ meetings;
5. the internal and external auditors’ reports;
6. information on the participants;
7. data on the clearing and settlement of payments and financial instruments and the central custody of securities;
8. the plan specified in Article 26, to ensure the recovery or orderly wind-down of systemically important business processes, and the plan specified in Article 31 paragraph 4, to raise additional capital;
9. the results of the risk controls specified in Articles 27–32a , 33 and 34;
10. information on the availability of the data processing system, as well as on system failures and disruptions, including their causes and the action taken (operating statistics and production report);
11. the business impact analysis, the business continuity strategy and the business continuity plans specified in Article 32b paragraphs 2–4;
12. the results of the tests of the business continuity plans specified in Article 32b paragraph 5;
13. a report on the course of the exclusion procedure in the case of default of a participant;
14. ¹ a report on compliance with the special requirements specified in this chapter.
The operator shall inform the National Bank in good time about any significant planned changes with regard to:
1. the ownership structure;
2. the corporate objectives, corporate strategy and services offered;
3. the corporate governance and organisation pursuant to Article 22;
4. the means of payment used;
5. the requirements for participation in the financial market infrastructure;
6. the risk management, in particular the procedures and tools for managing credit and liquidity risks;
7. the management of operational risk, in particular the business continuity strategy and the organisational and technical measures taken to achieve the information security objectives;
8. agreements with third parties whose services are important for the operation of the financial market infrastructure.
The operator shall inform the National Bank immediately about:
1. significant legal disputes;
2. ² events that significantly impair the achievement of the information security objectives specified in Article 32a and the business continuity objectives specified in Article 32b ;
3. any non-compliance with the requirements regarding the management of credit and liquidity risks in accordance with Articles 28, 28b , 28c , 28d and 29.
The operator shall inform the National Bank, FINMA and other responsible supervisory authorities immediately of any suspension or exclusion of a participant.
The National Bank shall, in consultation with the operator, define the frequency, deadlines and formats for the submission of the documents and the provision of the information specified in paragraphs 1–4.

Amended by No I of the SNB O of 26 Nov. 2015, in force since 1 Jan. 2016 (AS 2015 5307). ↩
Amended by No I of the SNB O of 26 Nov. 2015, in force since 1 Jan. 2016 (AS 2015 5307). ↩

Art. 36

Footnotes