Art. 58b

(Art. 73a para. 2 FinMIA)

1. A DLT trading facility is operating commercially if it:
   1. thereby generates gross earnings of more than CHF 50,000 per calendar year;
   2. per calendar year, has a business relationship with more than 20 participants in accordance with Article 73c paragraph 1 letter e of the FinMIA (private participants) or with at least one participant in accordance with Article 73c paragraph 1 letters a to d of the FinMIA; or
   3. has unlimited power of disposal over third-party DLT securities that exceed CHF 5 million at any given time.
2. If a threshold under paragraph 1 is exceeded, the DLT trading facility must report this to FINMA within 10 days. It must submit an application for authorisation as provided for in the FinMIA to FINMA within 60 days.
3. Provided the protective purpose of the FinMIA is not affected, FINMA may prohibit the applicant from exercising the activities reserved to a DLT trading facility until the decision is made on the application for authorisation.