Massgebliche Rechtsgrundlagen
Recognition of professional qualifications
- FZA, Annex III and Directive 2005/36/EC on the recognition of professional qualifications — form the Swiss-EU framework for recognition of EU/EFTA professional qualifications in regulated professions. Where a foreign insurance-intermediary qualification is relied upon for Swiss professional access, the recognition question must be distinguished from the separate FINMA market-access requirements.
- Directive 2005/36/EC, Arts. 10–14 — general recognition system, including comparison of qualifications, professional experience and possible compensatory measures where applicable.
- VAG / ISA (SR 961.01), Art. 43 para. 1 and AVO / ISO, Art. 190 — insurance intermediaries must possess the skills and knowledge required for their activity.
- FINMA-recognised minimum standards for education and continuing education — implemented through the insurance-industry training framework, including qualifying and recertification examinations.
Market access and registration
- VAG / ISA, Art. 41 — untied insurance intermediaries must be entered in FINMA's public register and satisfy the statutory registration conditions.
- AVO / ISO, Arts. 187–190 — personal suitability, organisation, financial security and training-related requirements.
- Professional indemnity insurance or equivalent financial security — required for registration of untied intermediaries under the statutory framework.
- Directive 2005/36/EC does not itself replace FINMA registration — professional-qualification recognition and Swiss supervisory market access are distinct legal questions.
Zuständige Stellen
- FINMA — registration and supervision of untied insurance intermediaries and enforcement of the VAG/AVO requirements.
- VBV / AFA — industry organisation responsible for implementing the FINMA-recognised minimum education and continuing-education standards and examinations.
- SBFI / recognition framework — relevant where a recognition question under FZA Annex III / Directive 2005/36/EC must be determined for an EU/EFTA professional qualification.