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Consulting

FINMA Authorisation process according to FinIA

GCG advises and supports financial intermediaries in the preparation, submission and follow-up of an application for authorisation with FINMA.

This service includes:

  • Advice on organisation and governance
  • Drafting internal documentation
  • Preparing the application for authorisation
  • Exchanges with FINMA and the Supervisory Body

This service is aimed at asset managers, trustees and collective asset managers.

Monitoring of FINMA authorisation conditions and prudential support

To ensure that authorisation conditions are maintained and to prevent any breaches, GCG offers a control and validation service prior to the prudential audit.

This service includes:

  • Verification of compliance with authorisation conditions
  • Updating internal documentation during the first calendar year following the granting of FINMA authorisation
  • Review of a sample of accounts
  • Assistance in preparing for the prudential audit, mainly on aspects other than the MLA
  • Drafting of a report containing the results of the review and recommendations
  • Support in implementing these recommendations

This service is aimed at asset managers and trustees.

Regulations on the provision of financial services (FinSA-FinIA)

GCG advises and assists financial services providers in applying and complying with the rules of behaviour and conduct relating to the provision of financial services, such as asset management, investment advice, the offer and acquisition or disposal of financial instruments.

Services related to financial services cover the following aspects:

  • Drafting and updating internal documentation on financial services:
    • Internal directives
    • Mandates (management, advice, execution)
    • General terms and conditions
    • Classification form
    • Risk profile
  • Client classification
  • Checking the suitability of portfolios for management mandates
  • Compliance with appropriateness of recommendations for advisory mandates
  • FinSA rules of conduct
  • The concept and practice of offering financial instruments, ex-distribution
  • Registration with the Register of Advisers for client advisers
  • Market abuse
  • Insider dealing
  • Training (see the “Training” service)

These services are aimed at asset managers, trustees, collective asset managers, securities firms and banks.

Anti-money laundering (AML & AMLO-FINMA)

GCG advises and assists financial intermediaries subject to the AML in setting up, complying with, evaluating and updating anti-money laundering measures. GCG’s services range from advice on good governance measures to in-depth work involving the review of files and transactions.

Services relating to AML regulations cover the following aspects:

  • Drafting and updating internal anti-money laundering documentation:
    • Internal directive
    • KYC for natural and legal persons
    • Risk assessment forms
    • Annual AML risk assessment model
    • Model AML register
    • Clarification forms
  • Ongoing assistance and advice to the compliance department or management on any question or case requiring special expertise
  • Evaluation and recommendations on the MLA system in place
  • Remediation and file review missions
  • Assistance in preparing the annual AML risk assessment pursuant to art. 25 para. 2 AMLO-FINMA.
  • Occasional assistance with the on-boarding of new business relationships (e.g. in the case of large volumes) or with the processing of files or transactions
  • Advice on setting up good AML governance within the company
  • Training (see the “Training” service)

These services are aimed at asset managers, trustees, collective asset managers, securities firms and banks.

Data protection (DPA & GDPR)

GCG advises and supports companies that process personal data, mainly financial intermediaries, in setting up a data protection system.

This services includes:

  • Drafting internal documentation and the privacy notice
  • Assistance in compiling the data processing register
  • Setting up processes for handling incidents and requests from third parties
  • Assistance with the management of incidents involving personal data
  • Employee training

This service is aimed at all companies that process personal data, in particular asset managers, trustees and collective asset managers, securities firms and banks.

Business continuity and operational resilience (FINMA 2023/1)

GCG advises and supports financial intermediaries in putting in place systems and measures to ensure business continuity and operational resilience.

This services includes:

  • Drafting a continuity plan
  • Setting up processes for handling incidents and monitoring the effectiveness of continuity measures
  • Coordination with data protection measures in place
  • Employee training

This service is aimed at at asset managers, trustees and collective asset managers, securities houses and category 4 and 5 banks.

Foreign Account Tax Compliance Act (FATCA)

GCG advises and assists financial intermediaries in applying and monitoring the effectiveness of the FATCA system.

FATCA-related services cover the following aspects:

  • Drafting and updating internal documentation:
    • Internal directive
    • Control process
    • Classification forms
    • Decision trees
  • Ongoing assistance and advice to legal, compliance and central filing departments and to management on any question or case requiring special expertise
  • Review or validation of classification, including IRS forms
  • Analysis of entity status and classification on a case-by-case basis
  • Assessment and recommendations on the FATCA system in place
  • Remediation and file review assignments
  • Preparation and support for periodic certification
  • Advice on implementing good FATCA governance within the company
  • Assistance with preparing and submitting reports
  • Assistance in preparing and sending group assistance requests
  • Training (see “Training” service)

This service is aimed at at trustees, securities firms and banks.

Automatic Exchange Of Information (AEOI)

GCG advises and assists financial intermediaries in applying and monitoring the effectiveness of the AEOI system.

AEOI-related services cover the following aspects:

  • Drafting and updating internal documentation:
    • Internal directive
    • Control processes
    • Classification forms
    • Decision trees
  • Ongoing assistance and advice to legal, compliance and central filing departments and to management on any issue or case requiring special expertise
  • Review or validation of classification, including classification forms
  • Analysis of entity status and classification on a case-by-case basis
  • Assessment and recommendations on the AEOI system in place
  • Remediation and file review assignments
  • Preparation and support for FTA audit
  • Advice on setting up good AEOI governance within the company
  • Assistance with preparing and submitting reports
  • Training (see “Training” service)

This service is aimed at at trustees, securities firms and banks.

Risk management

GCG advises and supports financial intermediaries subject to the FinIA and AML in setting up, complying with, evaluating and updating a risk management system. GCG’s services range from advice on good governance measures to substantive work involving the preparation of matrices and the conduct of risk controls on companies or investments.

Risk management services cover the following aspects:

  • Drafting and updating internal risk management documentation:
    • Internal directive
    • Risk and control matrix
    • Investment control file template
  • Implementation of incident handling procedures
  • Ongoing assistance and advice to the risk management department or management on any issue or case requiring special expertise
  • Assessment and recommendations on the system in place
  • Advice on the implementation of good risk management governance within the company
  • Training (see “Training” service)

These services are aimed at at asset managers, trustees, collective asset managers, securities houses and category 4 and 5 banks.

Regulatory watch

GCG helps financial institutions navigate an increasingly demanding regulatory environment.

This services includes:

  • Remote advice and assistance (by telephone or email) on all regulatory matters
  • Preferential access to GCG expert resources
  • Up-to-date alerts and analysis via a regulatory radar updated several times a year
  • According to the agreed terms, updating internal guidelines

This service is aimed at asset managers, trustees and collective asset managers.

Training

GCG offers training programs tailored to current regulatory requirements and financial institutions’ needs on:

  • compliance and AML
  • financial services
  • market abuse
  • sanctions
  • FATCA /CRS
  • ESG
  • data protection

LEI: Obtaining, renewing and transferring

Obtain a LEI with an official UbiSecure RapidLEI registration agent. Be it registration, renewal or transfer from another provider, GCG accompanies you during the whole process.

LEIs are currently required in the USA under the Dodd-Frank Act , in the European Union according to the requirements of the EMIR and AIFM directives, and in Switzerland under the Financial Market Infrastructures and Market Conduct in Securities and Derivatives Trading Act (FMIA/Finfra G/LIMF) since the 1st of January 2016.

Consulting Process

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