Sicherung von strukturierten Produkten nach Art. 70 Abs. 2 FIDLEG

The Financial Services Act (FinSA) is a cross-sectoral regulation but still contains certain historically grown sector-specific provisions. Pursuant to Art. 70 FinSA, offers of structured products to private clients must fulfill regulatory requirements regarding issuer, offeror and collateralization. Particularly, the collateralization of structured products issued by SPVs pursuant to Art. 70 para. 2 FinSA and Art. 96 para. 3 Financial Services Ordinance (FinSO) is a challenge. This article puts the spotlight on related regulatory and civil law as­pects as well as on practical solutions thereto.