Enforcement division

When serious breaches of regulatory law are reported to FINMA, the enforcement division initiates investigations against the involved holders of a FINMA licence or the individuals and companies who may have engaged in unauthorised business activities – in other words, who may have carried out business activities without holding the required FINMA licence. If necessary, enforcement proceedings are initiated in accordance with the rules set out in the Administrative Procedure Act (APA). Where the law has been seriously breached, FINMA issues contestable rulings imposing corrective measures. Targeted action is also taken against individuals found to be responsible for serious breaches of regulatory law.

Furthermore, the Enforcement division follows up on suspicions of insider trading and market manipulation committed by market participants in the Swiss securities market and – in case of licence holders and their employees – on similar domestic and foreign markets. The division also provides its expertise on improper market conduct to other FINMA divisions (cross-divisional function to preserve market integrity) in the course of their supervisory duties and interacts with domestic and foreign supervisory authorities when enforcing financial market law. International administrative assistance, assisting foreign supervisory authorities with their on-site supervisory reviews, providing assistance to national criminal law enforcement authorities and the cooperation with the Office of the Attorney General are other areas of responsibility covered by the division.

Finally, the supervision of the disclosure and the takeover regime falls within the division's remit.