Financial Crime World

Switzerland’s Robust Financial Compliance Regulations: Protecting Banks and Fostering Stability

Switzerland’s financial sector is known for its stringent regulatory environment, which is essential for safeguarding individual customers, shielding creditor interests, and maintaining the stability of the banking and financial system.

Key Objectives of Financial Regulation

The primary objectives of banking regulation include:

  • Safeguarding individual bank customers
  • Ensuring creditor protection
  • Maintaining the stability of the banking and financial system as a whole

Regulatory measures include preventative (or prudential) interventions designed to minimize risks, as well as curative measures to contain damage. Switzerland’s regime is comprehensive, making it one of the most thoroughly regulated financial centers globally.

Implementing Financial Regulations

Swiss banking and financial market regulations are implemented through various legal instruments:

  1. Federal legislation, such as the Banking Act and Financial Market Supervision Act
  2. Federal Council ordinances, like the Banking Ordinance
  3. Independent Swiss Financial Market Supervisory Authority (FINMA) ordinances, circulars, and self-regulatory directives

FINMA plays a crucial role in supervising and monitoring financial institutions. It delegates regulatory audits to appointed audit firms, establishing a dual-supervisory system. FINMA manages “microprudential” regulation of individual institutions, while the Swiss National Bank manages “macroprudential” regulation of the broader financial system.

Current Regulatory Landscape

Post the 2007-2008 financial crisis, significant enhancements were introduced to Swiss banking regulations:

  • “Too big to fail” regime for financially significant institutions
  • Implementation of Basel III international standards on capital adequacy and liquidity

Upcoming Developments

Switzerland is currently working towards implementing the remaining elements of the Basel III reform package, commonly referred to as Basel III final. The Swiss Bankers Association (SBA) is actively involved in ensuring a feasible and proportionate outcome that considers international equivalence and meaningful economic impact assessments.

Swiss Bankers Association’s Role

The Swiss Bankers Association remains focused on banking regulations, both locally and internationally, with the purpose of ensuring a reputable and competitive regulatory landscape for the Swiss financial sector.

For further information, visit the websites of:

  • Basel Committee on Banking Supervision
  • Swiss National Bank
  • Swiss Financial Market Supervisory Authority (FINMA)