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Ordinance on Financial Market Infrastructures and Market Conduct in Securities and Derivatives Trading (Financial Market Infrastructure Ordinance, FinMIO)
Art. 10Guarantee of irreproachable business conduct
(Art. 9 paras. 2 and 3 FinMIA)
1 The authorisation application for a new financial market infrastructure must contain the following information and documentation in particular on the members of the board and executive management in accordance with Article 9 paragraph 2 FinMIA and on the owners of a qualified participation in accordance with Article 9 paragraph 3 FinMIA:
a.
natural persons:
1.
details on nationality, domicile, qualified participations in other companies and any pending court or administrative proceedings,
2.
a curriculum vitae signed by the relevant person,
3.
references,
4.
an extract from the register of criminal convictions;
b.
companies:
1.
the articles of association,
2.
an extract from the commercial register or an attestation to this effect,
3.
a description of business activities, the financial situation and, if applicable, the group structure,
4.
details on completed and pending court or administrative proceedings.
2 Persons holding 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 a third party, and whether they have granted options or similar rights with respect to this participation.
3 The financial market infrastructure must submit to FINMA within 60 days of the end of the financial year a list of all qualified participants in the financial market infrastructure. This list shall contain details on the identity and participation rate 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.