Art. 69 Minimum capital and collateral
(Art. 45 FinIA) 1The minimum capital of securities firms must amount to at least CHF 1.5 million and be paid up in full. This amount must be maintained at all times. 2In the case of companies formed using a contribution in kind, the value of the assets contributed and the extent of liabilities must be verified by a licensed audit firm. This also applies to the conversion of an existing company into a securities firm. 3In the case of securities firms in the form of a partnership, capital is deemed to be:
4Assets in accordance with paragraph 3 may only be counted towards the minimum capital requirement if a declaration is provided to the effect that:
5The declaration in accordance with paragraph 4 is irrevocable. It must be made in writing or in another form demonstrable via text and filed with the audit firm. 6FINMA may allow securities firms in the form of a partnership to provide, instead of minimum capital in accordance with paragraphs 3 and 4, collateral of at least CHF 1.5 million, for example in the form of a bank guarantee or a cash deposit in a blocked account with a bank. 7Where there are legitimate grounds for so doing, FINMA can stipulate a higher minimum capital requirement. |