Art. 81 Fulfilment of duties under foreign law
(Art. 95 FinMIA) 1 FINMA shall recognise foreign law as equivalent if the duties that apply for derivatives trading and the provisions on supervision are comparable with the Swiss equivalent in their material impact. 2 This condition is met with respect to the:
3 A Swiss counterparty can fulfil its derivatives trading duties with another Swiss counterparty under foreign supervisory legislation recognised by FINMA if the derivatives transaction in question or a counterparty to this transaction has an objective connection with this legislation. The simply choice of law does not create an objective connection. |