Art. 13

(Art. 11 FinIA)

1. The application for authorisation for a new financial institution must contain in particular the following information and documentation on the persons responsible for administration and management in accordance with Article 11 paragraphs 1 and 2 FinIA as well as on the owners of a qualified participation in accordance with Article 11 paragraph 3 FinIA: a. natural persons: 1. details of nationality, place of residence, qualified participations in the financial institution or in other companies and pending court and administrative proceedings, 2. a curriculum vitae signed by the relevant person, 3. references, 4.¹ a standard private extract from the VOSTRA information system of the Register of Criminal Records and an extract from the debt enforcement register or corresponding confirmation if the person is resident abroad; b. companies: 1. the articles of association, 2. an extract from the commercial register or a corresponding attestation, 3. a description of business activities, the financial situation and, if applicable, the group structure, 4. details of completed and pending court or administrative proceedings.
2. The envisaged activity at the financial institution as well as the nature of the intended investments must also be taken into account when assessing the good reputation, the guarantee of irreproachable business conduct and the required specialist qualifications of the persons responsible for administration and management.
3. Owners of a qualified participation must make a declaration to FINMA stating whether they hold the participation in question for their own account or on a fiduciary basis for third parties, and whether they have granted options or similar rights with respect to this participation.
4. Securities firms must submit to FINMA within 60 days of the end of the financial year a list of all persons who hold a qualified participation in them. This list shall contain details on the identity and percentage holding of all qualified participants as at the relevant closing date, as well as any changes relative to the prior-year closing date. In addition, the information and documentation set out in paragraph 1 is to be submitted for any qualified participants being reported for the first time.
5. Persons connected through business ties or in any other manner who jointly hold at least 10% of the share capital or votes of the financial institution or persons jointly significantly influencing the business activities of the financial institution in another manner are deemed to be a qualified participant in accordance with Article 11 paragraph 4 FinIA.