Deposit Protection in Switzerland
Article 37h principle
1
The banks provide for the protection of privileged deposits in accordance with Article 37a
Paragraph 1 with offices in Switzerland. Banks that have such deposits are required for this purpose of self-regulation of banks
anzuschliessen.132
2
Self-regulation is subject to approval by the SFBC.
3
Self-regulation is approved if they:
128
By No.. I of the Federal Act of 18 March 2011 (protection of deposits), in force
First Sept 2011 (AS 2011 3919; BBl 2010 3993).
129
SR 281.1
130
SR 291
131
Originally 36th before Art Wording according to Sec. I of the Federal Act of 3 Oct 2003, in force since
First July 2004 (AS 2004 2767; BBl 2002 8060).
132
Wording according to Sec. I of the Federal Act of 18 March 2011 (protection of deposits), in force
First Sept 2011 (AS 2011 3919; BBl 2010 3993). Banks and savings banks. BG
23
952.0
a.133
the payment of insured deposits within 20 working days of receipt
Communication concerning the guarantee arrangement of measures under Article 26, paragraph 1 letter e-h or bankruptcy under Articles 33-37g;
b.134
a maximum amount of 6 billion francs for the overall outstanding contribution obligations provided for;
c. ensures that each bank holds for half of their obligations to contribute permanently liquid assets that exceed the statutory liquidity.
4
The Federal Council may adjust the amount under paragraph 3 letter b, if
special circumstances so require.
5
Not self-sufficient to the requirements in paragraphs 1-3 above
regulated by the Federal deposit insurance in an ordinance. He called
namely the support of deposit insurance and specifies the contributions of the banks.
Article 37i135 release the deposit insurance
1
FINMA has a measure of protection under Article 26 paragraph 1 letter e-h
or arranged bankruptcy under Article 33, it shall notify the institution of deposit insurance and informed him about the need for services for the payment of insured deposits.
2
The institution of deposit insurance is the appropriate amount within
20 working days after receipt of the notification by the SFBC in the arrangement
designated investigating officer, liquidator or bankruptcy restructuring officer available.
3
In the case of protective measures FINMA can postpone the release,
as long as:
a. reasonable expectation that the protective measure within a short period
is canceled, or
b. the insured deposits of the protective device are not affected.
4
The period under paragraph 2 shall be interrupted if and as long as the arrangement of a
Measure of protection or bankruptcy is not enforceable.
Article 37h principle
1
The banks provide for the protection of privileged deposits in accordance with Article 37a
Paragraph 1 with offices in Switzerland. Banks that have such deposits are required for this purpose of self-regulation of banks
anzuschliessen.132
2
Self-regulation is subject to approval by the SFBC.
3
Self-regulation is approved if they:
128
By No.. I of the Federal Act of 18 March 2011 (protection of deposits), in force
First Sept 2011 (AS 2011 3919; BBl 2010 3993).
129
SR 281.1
130
SR 291
131
Originally 36th before Art Wording according to Sec. I of the Federal Act of 3 Oct 2003, in force since
First July 2004 (AS 2004 2767; BBl 2002 8060).
132
Wording according to Sec. I of the Federal Act of 18 March 2011 (protection of deposits), in force
First Sept 2011 (AS 2011 3919; BBl 2010 3993). Banks and savings banks. BG
23
952.0
a.133
the payment of insured deposits within 20 working days of receipt
Communication concerning the guarantee arrangement of measures under Article 26, paragraph 1 letter e-h or bankruptcy under Articles 33-37g;
b.134
a maximum amount of 6 billion francs for the overall outstanding contribution obligations provided for;
c. ensures that each bank holds for half of their obligations to contribute permanently liquid assets that exceed the statutory liquidity.
4
The Federal Council may adjust the amount under paragraph 3 letter b, if
special circumstances so require.
5
Not self-sufficient to the requirements in paragraphs 1-3 above
regulated by the Federal deposit insurance in an ordinance. He called
namely the support of deposit insurance and specifies the contributions of the banks.
Article 37i135 release the deposit insurance
1
FINMA has a measure of protection under Article 26 paragraph 1 letter e-h
or arranged bankruptcy under Article 33, it shall notify the institution of deposit insurance and informed him about the need for services for the payment of insured deposits.
2
The institution of deposit insurance is the appropriate amount within
20 working days after receipt of the notification by the SFBC in the arrangement
designated investigating officer, liquidator or bankruptcy restructuring officer available.
3
In the case of protective measures FINMA can postpone the release,
as long as:
a. reasonable expectation that the protective measure within a short period
is canceled, or
b. the insured deposits of the protective device are not affected.
4
The period under paragraph 2 shall be interrupted if and as long as the arrangement of a
Measure of protection or bankruptcy is not enforceable.
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