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Financial Services Ombudsman

Affiliation

FINSOM Affiliation

FINSOM

 

General Conditions

Companies subject to a self-regulatory organisation (AML-SRO) or a FINMA authorisation, or whose client advisers are entered in a register recognised by FINMA, can affiliate to FINSOM. The company can be in the process of incorporation, authorisation, or registration at the time of affiliation. The company may be domiciled in Switzerland or abroad.

Affiliation can be by legal obligation (mandatory, e.g. condition for FINMA authorisation or registration in a Register of Advisers) or by self-regulation (voluntary).

If the company has already started its activities in Switzerland and does not have an Ombudsman Office, it can affiliate as of the current year (immediate affiliation). If the company has not initiated its activities in Switzerland yet or if it is changing Ombudsman Offices, it can affiliate with an activation the following year (anticipated affiliation). See art. 77 FinSA concerning the timing of the obligation to affiliate. 

The affiliation is for an indefinite period.

The resignation deadline is September 30th for December 31st.

Affiliate companies must comply with FINSOM regulations.

Fees

 
Annual Base Tax

Each affiliated company pays an annual contribution of CHF 250 for Commercial Mediation/FinSA.

Workplace Mediation/EmpA can be added for an additional fee of CHF 50. 

A 10% discount is granted to a group if the group organises the collection of the annual base tax and transfers it to FINSOM in accordance with Art. 99 FinSO.
 
The annual fee includes the preliminary review of requests for mediation. Access to the E-learning “The FinSA Ombudsman Office and Risk Management” is free of charge.
 
For new entrants, in the event of refusal of FINMA authorisation or registration in a FinSA Register of Advisors, FINSOM will refund the annual base tax on request as of 1st January 2024. – NEW !
 
Procedural Fees

If a request for mediation is admitted following the preliminary review, the case fee is CHF 550. If mediation continues after an initial exchange with each party, the hourly rate is CHF 200.

The procedural costs are borne by the affiliated company, provided that no conciliation authority, court, court of arbitration or administrative authority is or has been seized of the case, and that mediation hasn’t already been attempted in the case. Otherwise, the costs are shared between the parties.