Switzerland: Financial Sector Stability Assessment; imf country Report 14/143; April 16, 2014
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- Corrective and remedial powers of supervisors BCP 23
- Principles 6–7
Accounting and
disclosure BCP 22 Consider using a range of international experts and audit firms for the special audits. Consider the periodic rotation of audit firms. In addition to the use of regular audit firms, FINMA uses third-party experts/firms for performing targeted interventions, such as investigations of complicated problems/matters; delivery of a second opinion, if it is not convinced by the assessments and confirmations given by the ordinary external audit firms. No action taken. Rotation of lead auditors is required but not of audit firms. Corrective and remedial powers of supervisors BCP 23 The Swiss Federal Banking Commission (SFBC) should have the authority to impose direct civil monetary penalties on banks, directors, or managers. No action taken on the measure, but FINMA has been making extensive use of its general corrective and remedial powers to achieve prudential results. SWITZERLAND 40 INTERNATIONAL MONETARY FUND Table 7. Switzerland: Previous FSAP Findings and Key Recommendations—IOSCO Reference Principle Recommended Action Status Principles 1–5 Relating to the Regulator Securities regulation should be updated to include all types of securities transactions and securities intermediaries, including primary markets and all asset managers. Modalities for removal of board members could be clearly spelled out in the law. Rules on incompatibilities with other professional activities could be improved. Full budgetary independence should be granted to the SFBC, and an increase in its staff resources would be justified. The FDF is currently preparing legislation that would apply to asset managers and public offers of unlisted securities. FINMASA notes that the Federal Council removes members of the FINMA BOD, if the conditions for holding office are no longer fulfilled. The Swiss authorities recently published the conditions for appointment, but the conditions for removal could be made more explicit. The FINMA BOD approves FINMA’s budget. FINMA still has limited resources by peer comparison. Principles 6–7 Self-Regulation A more proactive role for the SFBC in supervising self-regulating organization (SROs) is desirable. The role performed by certain trade associations in regulation and supervision could be formalized. FINMA has slightly increased its supervision of the SIX Swiss Exchange and Eurex Zurich from the situation in 2002 in which no direct supervision was conducted. FINMA can approve the standards issued by trade associations as minimum standards. They are not SROs under Principle 9. Download 0.95 Mb. Do'stlaringiz bilan baham: |
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