The Swiss FINMA and the HK SFC amended the MoU signed on 2 December 2016 about the Mutual recognition of Funds (MRF) between Hong Kong and Switzerland; the new Swiss Financial Laws of 6 November 2019, namely FinSA (Swiss Financial Services Act) and FinIA(Swiss Financial Institutions Act), entered into force on 1 January 2020, are now reflected in the FINMA-SFC MoU by way of amendment.
Principally : (i) the scope of collective investment schemes (CIS) authorised to be offered in Switzerland, (ii) the management of public offer by fund management companies under FinIA, Art. 32 f., (iii) the provisions for delegation of the portfolio management provided by FinIA, Art. 2 §1.
Please contact us for more information about the FINMA-SFC MoU, and/or about the changes in the regulatory framework based on FinSA/FinIA in relation to the cross-border distribution of investment funds in Switzerland.
Sources :
Mutual Recognition of Funds (MRF) between Switzerland and Hong Kong – 24 April 2020 : https://www.sfc.hk/edistributionWeb/gateway/EN/circular/openFile?refNo=20EC33
SFC and FINMA sign agreement on Switzerland-Hong Kong Mutual Recognition of Funds – 2 December 2016 : https://www.sfc.hk/edistributionWeb/gateway/EN/news-and-announcements/news/doc?refNo=16PR132