Federal Act
on Financial Market Infrastructures and Market Conduct in Securities and Derivatives Trading
(Financial Market Infrastructure Act, FinMIA)

¹ De­riv­at­ives trans­ac­tions must be re­por­ted to a trade re­pos­it­ory au­thor­ised or re­cog­nised by FINMA.

² The fol­low­ing shall be ob­liged to re­port:

a.

in the case of trans­ac­tions between a fin­an­cial and a non-fin­an­cial coun­ter­party: the fin­an­cial coun­ter­party;

b.

in the case of trans­ac­tions between two fin­an­cial coun­ter­parties:

1.

the fin­an­cial coun­ter­party which is not small in ac­cord­ance with Art­icle 99,

2.

the selling coun­ter­party in the case of a trans­ac­tion between two fin­an­cial coun­ter­parties or between two small fin­an­cial coun­ter­parties;

c.

the coun­ter­party which has its re­gistered of­fice in Switzer­land if the for­eign coun­ter­party does not re­port.

³ In the event of a trans­ac­tion between non-fin­an­cial coun­ter­parties, para­graph2 let­ters b and c ap­ply by ana­logy. A trans­ac­tion between small non-fin­an­cial coun­ter­parties does not have to be re­por­ted.

⁴ If the trans­ac­tion is cleared cent­rally, the re­port is sub­mit­ted by the cent­ral coun­ter­party. If a re­cog­nised for­eign cent­ral coun­ter­party does not sub­mit re­ports, the re­port­ing duty shall re­main with the coun­ter­parties.

⁵ Third parties may be in­volved in re­port­ing.

⁶ If there is no trade re­pos­it­ory, the Fed­er­al Coun­cil shall in­dic­ate the body to which the re­port is to be sub­mit­ted.