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Ordinance on Financial Institutions (Financial Institutions Ordinance, FinIO)
of 6 November 2019 (Status as of 23 January 2023)
Art. 34Calculation of thresholds
(Art. 24 para. 1 and 2 FinIA)
1The following apply to calculation of the thresholds for collective investment schemes managed by the manager of collective assets in accordance with Article 24 paragraph 2 letter a FinIA:
a.
Assets managed include all Swiss and foreign collective investment schemes managed by the same manager irrespective of whether it manages them directly or via delegation or via a company with which it is connected through:
1.
a single management;
2.
a relationship of common control; or
3.
a significant direct or indirect participation.
b.
The value of the assets is calculated on at least a quarterly basis, under due consideration of any leverage effect.
c.
For collective investment schemes that were established more than 12 months previously, the threshold may be calculated on the basis of the average value of the assets over the last four quarters.
d.
The value of the collective investment schemes pursuant to Article 24 paragraph 2 letter a item 2 FinIA is calculated on the basis of the capital commitments or the nominal value of the collective investment schemes concerned, provided the price of the investments underlying such schemes is not obtained through trading on a regulated market.
2The following apply to calculation of the thresholds for the assets of occupational pension schemes managed by the manager of collective assets within the meaning of Article 24 paragraph 2 letter b FinIA:
a.
Assets of the following occupational pension schemes shall be included:
1.
registered and non-registered occupational pension schemes;
2.
employer-sponsored welfare funds;
3.
investment foundations;
4.
pillar 3a foundations;
5.
vested benefits foundations.
b.
The manager shall calculate on a quarterly basis whether the threshold of CHF 100 million has been reached.
c.
The occupational pension scheme shall calculate annually whether the threshold of 20% has been reached in the mandatory segment. It shall inform the manager of the value calculated.
3Threshold values in accordance with Article 24 paragraph 2 letters a and b FinIA shall not be added together.
4FINMA regulates the details for calculating the thresholds and the leverage effect in accordance with paragraphs 1 and 2.