Derivatgeschäfte: Anwendung der FinfraG-Regulierung auf Schweizer Handels- und Industrieunternehmen

The Swiss rules on the conduct in connection with derivative transactions and trading set out in the Federal Act on Financial Market Infrastructures and Market Conduct in Securities and Derivatives Trading (FMIA) and its implementing ordinances were enacted more than two years ago, subject to applicable phase-in periods. However, when it comes to their applicability to commercial and industrial companies, many struggle to ascertain the exact scope of the legal responsibilities with respect to derivatives trading despite the wide-spread use of derivative instruments and instruments with derivative components in corporate risk management as well as in corporate finance and in connection with employee participation schemes. This article therefore aims to provide an overview of the statutory requirements typically applicable to Swiss commercial and industrial companies that engage in derivatives transactions.