National cooperation

The Financial Market Supervision Act regulates how FINMA cooperates and coordinates with other Swiss authorities. It deals mainly, but not exclusively, with federal and cantonal prosecutors.

Cooperation with prosecution authorities

FINMA normally cooperates with the following criminal prosecution authorities:

  • Office of the Attorney General (responsible for prosecuting insider offences and price manipulation)
  • Federal Department of Finance (FDF) (responsible for prosecuting crimes under the Financial Market Supervision Act and the financial market laws)
  • Cantonal prosecutors (responsible for prosecuting general crimes such as embezzlement, fraud and forgery under the Swiss Criminal Code).

FINMA must also observe its legal duty to inform prosecuting authorities when it becomes aware of criminal activities. FINMA coordinates its investigations and proceedings with the investigative steps of the prosecuting authorities to the extent necessary and exchanges the information necessary to fulfil their respective tasks. This involves forwarding files, providing information or supplying evidence. It can refuse to cooperate, for example if doing so would be contrary to the aims of financial market supervision. For further information, please refer to FINMA's guidelines on mutual assistance provided to domestic prosecution authorities.

Other authorities

Besides prosecutors, FINMA also works together with other national authorities. The most important of these are the following:

  • Money Laundering Reporting Office Switzerland (MROS)
  • State Secretariat for Economic Affairs (SECO)
  • Swiss National Bank (SNB)
  • Federal Audit Oversight Authority (FAOA)
  • Swiss Takeover Board (TOB)
  • Federal Office of Public Health (FOPH)

Cooperation and interaction are subject to the relevant provisions of the Financial Market Supervision Act, financial market legislation and other laws specific to the individual authorities.