Commentaries: Art. 49

Two or more companies are deemed to be a financial group dominated by a securities firm if:
1. at least one of them operates as a securities firm;
2. they operate primarily in the financial sector; and
3. they form an economic unit or other circumstances suggest that one or more of the companies under individual supervision is de jure or de facto obliged to provide assistance to group companies.
A financial conglomerate dominated by a securities firm is a financial group as defined in paragraph 1 operating primarily in the field of securities trading and comprising at least one insurance company of considerable economic significance.
The provisions of the BankA¹on financial groups and financial conglomerates apply by analogy.

Art. 49