Under the FinSA, client advisers of financial service providers which are not subject to prudential supervision in Switzerland must now sign up to an adviser register. The registration body manages the adviser register and checks in particular whether the client advisers have completed the necessary training and further education.
The registration body will be licensed by FINMA.
Client advisers, as defined in the FinSA, must contact the registration body within six months of the entry into force of this legislation in order to have their names added to the register.
Any person in Switzerland who makes a public offer for the acquisition of securities or any person who seeks the admission of securities to trading on a trading venue in accordance with Article 26 of the Financial Market Infrastructure Act must first publish a prospectus (see Art. 35 FinSA).
Prospectuses (pursuant to Art. 35 ff. FinSA) will be reviewed by a reviewing body which must be licensed by FINMA.
In the case of securities for which a public offer was made or a request was made for admission to trading on a trading venue before entry into force and in the case of financial instruments that were offered to retail clients before entry into force, the provisions of Title 3 of the FinSA will only apply two years after the legislation enters into force. The Federal Council can, however, extend the deadline for some securities if this is deemed appropriate due to a delay in the reviewing body taking up its duties.