BOVV

Specialist Advice

The advisory service that the VQF provides to its members is equally as diverse as the services that your own organisation offers. In order to allow you not only to provide the best possible service to your customers but also to comply with the duties arising from your membership of the VQF as easily, efficiently and cost effectively as possible, our team at the Legal & Compliance Desk is at your personal disposal for specialist legal advice. As a consequence, you have expert contact partners who are very well acquainted with the diverse problems associated with implementing the various legal principles, as well as your responsibilities arising from them, and hence can offer you (customised) solutions in specific, individual cases. Furthermore, this specialist legal advice is provided on favourable terms -  please consult our Regulation on Fees.

Links

Legal principles:

 

 

Important circulars and other publications by the Federal Financial Market Supervisory Authority (FINMA) relating to independent asset management in the context of the KAG:

 

 

 

 

BOVV

SectionVQF_2nd

This membership category has expired at the end of 2021, as of 1 January 2022 the obligations under FIDLEG have replaced all obligations under the BOVV. 

 

However, it should be noted that the examination of the application for affiliation by a supervisory organisation and by FINMA will also verify whether the applicant financial institution has been audited in the past two years with regard to compliance with the duties of conduct. It is therefore still recommended to comply with the requirements of the BOVV and to leave existing audit dates in place. As these are carried out retrospectively, an audit also makes sense in 2022 - and ideally it can be positively assessed by the AO and FINMA as part of the application review.

 

 

Duty of subordination

I. Principles

 

The rules of professional conduct of the Industry Organisation for independent Asset Managers (hereinafter: "BOVV") were officially recognised by the Federal Financial Market Supervisory Authority (FINMA) on 23 April 2009.

 

II. Obligatory subordination (legal requirement) under officially recognised rules of conduct

 

See explanatory letter of the VQF BOVV dated 18 September 2009.

 

III. Voluntary subordination to the officially recognised rules of professional conduct of the VQF BOVV

 

In the absence of any aforementioned legal requirement pursuant to the Collective Capital Investment Act (KAG), "independent" asset managers (e.g. financial intermediaries pursuant to Art. 2 Para. 3 AMLA, see SRO heading) can voluntarily subject themselves to the rules of professional conduct of an industry organisation which is recognised by FINMA. The following reasons for joining the VQF BOVV apply to such asset managers with no terms of reference pursuant to the KAG:

  • Cooperation between banks and external asset managers: In the context of private autonomy, as a necessary prerequisite for awarding a mandate on customer accounts at the bank in question, banks increasingly are demanding that external asset managers with whom they work in addition to membership of an SRO pursuant to the AMLA also hold membership of an industry organisation for asset management (including supervision of compliance with rules of professional conduct for asset managers). By doing so, banks aim to avoid being drawn into problems between asset managers and their customers or to ensure that account holders are given reliable advice when serviced by asset managers external to the bank (avoidance by the bank of risks to its reputation and any liability risks).
  • Acquisition of new customers: Membership of the VQF BOVV also guarantees that not only supervision takes place as to money laundering but also as regards compliance with the asset manager's duties of trust, information and due diligence towards his customers as well as in relation to the asset manager's compensation.

 

 


 

 

Please note that only the German version is legally binding.