Who can affiliate
Companies subject to FINMA authorisation or registration can affiliate irrespective of their legal form. For example :
- Portfolio manager (Art. 17 para 1 FinIA)
- Trustee (Art. 17 para 2 FinIA)
- Manager of collective assets (Art. 24 FinIA)
- Securities firm (Art. 41 FinIA)
- Branch (Art. 52 FinIA)
- Representation (Art. 58 FinIA)
- Trade essayer (Art. 42bis PMCA)
- Bank (Banking Act)
Client advisers of Swiss financial service providers not subject to FINMA authorisation or registration as well as client advisers of foreign financial service providers can affiliate with FINSOM (Art. 28 FinSA or Art. 31 FinSO).
Client advisers who are mandated by an affiliated company, who are its partners or who belong to the same group as an affiliated company may be included in the latter’s affiliation (art. 29 para. 1 let. c FinSA).
How to affiliate
The FINSOM affiliation process is simple, fast and transparent.
For Commercial Mediation, companies can affiliate simply by filling out the online affiliation form. Companies that affiliate online for Commercial Mediation and have one or more employees can also include Workplace Mediation. Online affiliation is automatically confirmed upon submission of the form.
Companies that would like to organise alternative means of transmitting the data or that only want Workplace Mediation can contact the Director.
Once affiliation is confirmed, FINSOM will issue an invoice payable within 30 days.
Registration is based on the principle of trust. Data accuracy can be verified by FINSOM or the competent supervisory authority.
When filling in the form, please pay attention to the guidelines below concerning the number of employees to be indicated for the calculation of the base tax.
According to articles 75 para. 1 and 80 FinSA as well as the provisions on occupational health protection, affiliated companies finance the mediation body collectively and the mediation procedures individually.
The economics of a mediation system and its quality risks are very similar to those of the judicial system.
By centralising companies and procedures with the same mediation body, the associated compliance costs can be better controlled while optimising their efficiency, especially if the number of procedures is low.
Annual base tax
Each affiliated company pays an annual (for 12 months) base tax, depending on its size and activities in Switzerland. The hotline and a basic training for affiliated companies are included.
For Commercial Mediation, the annual base tax is calculated according to the number of employees assigned to activities subject to the obligation of affiliation to a mediation body under FinSA or FinIA. For example, the base tax of a FinIA financial institution is calculated according to the total number of employees in Switzerland assigned to activities subject to the affiliation obligation. A financial service provider not subject to FINMA or a foreign financial service provider pays a base tax based on the number of client advisors subject to FinSA. An individual company counts one employee. If the contact person is external to the company, he/she counts as an employee.
For Workplace Mediation, the annual basic fee depends on the number of employees who fall under the responsibility of the affiliated employer, within the meaning of occupational health protection provisions. The tax is calculated on the basis of the total number of employees concerned.
Commercial Mediation : CHF 34 per employee (CH)
Workplace Mediation : CHF 50 per employee (CH)
In view of the transitional affiliation period running until 23 December 2020, the base tax collected in 2020 is valid for the affiliation period from 1st January 2021 to 31st December 2021.
In case of admission to mediation, the following rates are borne by the affiliated company concerned and apply to Commercial Mediation and Workplace Mediation :
Simple case : CHF 500 per case
Complexe case : CHF 200 per hour
Administrative fee : CHF 50 per case
Mediation is conducted remotely or at a location designated by FINSOM. Any meeting room expenses are at the expense of the company.
Reminder: According to FINSOM’s Rules of Procedure, a mediation procedure doomed to failure must be refused or interrupted.
Other administrative fees
Reminder fee : CHF 50
Refund fee* : CHF 200
* FINSOM does not charge a registration fee. The basic fee collected upon registration is reimbursed less the reimbursement fee, if authorisation or registration is not granted by FINMA or a register of advisers.