Ordinance of the Swiss Financial Market Supervisory Authority on the Insolvency of Banks and Securities Dealers

¹The bank­ruptcy li­quid­at­or draws up an in­vent­ory of the bank­ruptcy as­sets.

²The in­vent­ory is drawn up in ac­cord­ance with Art­icles 221 to 229 of the Fed­er­al Act of 11 April 1889¹ on Debt En­force­ment and Bank­ruptcy (DEBA), un­less this Or­din­ance provides oth­er­wise.

³The as­sets held in cus­tody that are to be se­greg­ated un­der Art­icle 37d BankA must be re­cor­ded in the in­vent­ory at their mar­ket value at the time the bank­ruptcy pro­ceed­ings were opened. The in­vent­ory shall refer to any claims on the bank’s part against de­pos­it­ors that con­flict with se­greg­a­tion.

⁴The bank­ruptcy li­quid­at­or shall sub­mit a re­quest to FINMA for the meas­ures re­quired to se­cure the bank­ruptcy as­sets.

⁵He or she shall for­ward the in­vent­ory to the banker or a per­son se­lec­ted by the bank’s own­ers to act as the bank’s agent. This per­son must con­firm that the in­vent­ory is com­plete and cor­rect. Their con­firm­a­tion must be re­cor­ded in the in­vent­ory.