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Informationen für Kunden zur Anbindung - SIX Financial Information

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Reference Data & Pricing<br />

Compliance, taxation, regulation<br />

January 2012


Contents<br />

1 Introduction 3<br />

2 Compliance, taxation, regulation 4<br />

2.1 MiFID 4<br />

2.2 EUSD-2005 4<br />

2.3 EUSD-2009 4<br />

2.4 SNB reporting 4<br />

2.5 Taxable securities 5<br />

2.6 SEC Rule 22-C-2 5<br />

2.7 UK Tax 5<br />

2.8 Fund reporting in Austria 6<br />

2.9 French taxation / reporting and regulation 6


1 Introduction<br />

<strong>SIX</strong> Telekurs offers our clients a number of different service packages to meet<br />

your needs in the areas of tax information and regulatory requirements. This<br />

document provides an overview with brief descriptions of our services related to<br />

regulation and compliance.


2 Compliance, taxation, regulation<br />

2.1 MiFID<br />

The European Union’s Markets in <strong>Financial</strong> Instruments Directive (MiFID) has the following<br />

objectives: market efficiency (with respect to competition and transparency in securities trading),<br />

investor protection, harmonization of business processes and regulations, and collaboration<br />

between national supervisory authorities. The <strong>SIX</strong> Telekurs service for MiFID provides a<br />

comprehensive assortment of data that delivers the classification of the relevant instruments<br />

(e.g. complex instruments/non-complex instruments) and key data for reporting to supervisory<br />

authorities, as well as important basic information to define the best execution policy (e.g.<br />

determining the best trading venue). Furthermore, it shows the different categories of trading<br />

centers under the MiFID guidelines and the categorization of listings on the basis of complex<br />

regulations.<br />

For more information, please click on the following link:<br />

http://www.six-telekurs.com/dl_tkfich_customers_documentation_compliance_mifid_en.pdf<br />

2.2 EUSD-2005<br />

In connection with the European Union's directive on the taxation of savings income (European<br />

Union Savings Directive/EUSD), <strong>SIX</strong> Telekurs offers a comprehensive selection of data that<br />

encompasses the tax classification of several hundred thousand financial instruments. This<br />

includes specifications whether any given instrument is subject to the directive or excluded from<br />

it. Moreover, for investment funds <strong>SIX</strong> Telekurs publishes the “asset tests” submitted by the<br />

individual fund providers and derives from these the corresponding tax status. The same<br />

approach applies to structured products, where key figures submitted by the issuer are likewise<br />

analyzed for purposes of establishing their tax status before being delivered via VDF. The Swiss<br />

Federal Tax Administration (FTA) has conferred upon <strong>SIX</strong> Telekurs the status of a recognized<br />

data provider for this service.<br />

For more information, please click on the following link:<br />

http://www.six-telekurs.com/dl_tkfich_customers_documentation_compliance_eusd_en.pdf<br />

2.3 EUSD-2009<br />

The EUSD 2009 service is a supplement to the EUSD-2005 package that encompasses the<br />

classification of structured products from the Swiss tax perspective. All the structured products<br />

available in VDF are marked with one of 19 codes defined by the authorities according to rules<br />

agreed with the Swiss Federal Tax Administration (FTA). The FTA has conferred upon<br />

<strong>SIX</strong> Telekurs the status of a recognized data provider for this service.<br />

For more information, please click on the following link: http://www.sixtelekurs.com/dl_tkfich_customers_documentation_compliance_eu_savings_e.pdf<br />

2.4 SNB reporting<br />

Banks active in Switzerland are legally obliged to report their securities holdings on a regular<br />

basis to the Swiss National Bank (SNB), not only from various technical standpoints but also<br />

according to the type of custody account holder. The SNB provides a standardized format for<br />

this reporting. <strong>SIX</strong> Telekurs indicates which reporting category should be selected for any<br />

instrument that has to be reported, providing the technical name of the category in question as<br />

well as the lines of the “securities survey” in VDF. This makes the reporting task significantly<br />

easier for clients, and relieves them of the often complex and laborious decisions on which<br />

category to select.


2.5 Taxable securities<br />

The Federal Act on Taxable Securities (formerly “Stamp Duty”) sets out the duty payable on<br />

securities transactions. In the area of complex structured products in particular, but also for<br />

investment funds, assessment of the products of the various market participants for tax<br />

purposes can differ greatly. This is why the Swiss Federal Tax Administration (FTA) has given<br />

<strong>SIX</strong> Telekurs a mandate to develop a corresponding service and to implement the<br />

corresponding mechanisms as agreed with the authorities for classifying instruments according<br />

to their tax treatment. The FTA has conferred upon <strong>SIX</strong> Telekurs the status of a recognized data<br />

provider for this service.<br />

2.6 SEC Rule 22-C-2<br />

The SEC Rule gives fund providers in the US the option of levying an additional redemption fee<br />

of up to 2% of the settlement amount if the units in question are held for a shorter duration than<br />

the defined minimum period. These fees may be retained by the fund to cover the costs<br />

resulting from the short-term trading strategy of the investors in question. The idea behind the<br />

ruling is to curb speculative activity in investment funds. The corresponding data offer from<br />

<strong>SIX</strong> Telekurs includes details of whether a fund levies a supplementary redemption fee. In<br />

addition, the level of the fee in question and the holding periods set by the fund (including<br />

custody account blocking periods) are provided in message type TKFSD “Tax and Reporting /<br />

Regulation”. Miscellaneous other information relating to the SEC Rule is also provided, including<br />

the regulations of the fund provider with respect to the number of “round trips” that the investor<br />

needs to take account of (the entire cycle from issuance to redemption of fund units). Obtaining<br />

this data involves costs and requires authorization. A corresponding entitlement to access the<br />

data is therefore required.<br />

For more information, please click on the following link: http://www.sixtelekurs.com/dl_tkfich_customers_documentation_compliance_secrule_22_en.pdf<br />

2.7 UK Tax<br />

In the area of UK taxation, <strong>SIX</strong> Telekurs offers information on UK stamp duty, capital gains tax,<br />

and the PTM levy. UK stamp duty is levied on transactions for securities and other assets such<br />

as real estate in the United Kingdom. Capital gains tax is also levied in the UK. The PTM levy is<br />

an automatically triggered fee that must be paid to the London Stock Exchange by investors<br />

buying or selling shares of a particular aggregate value (PTM = Panel on Takeovers and<br />

Mergers). This information is provided in message type TKFSD “Tax and Reporting /<br />

Regulation” under the corresponding tax names. This indicates whether the instrument in<br />

question is subject to the tax or exempt from it. Accessing this data involves no separate costs<br />

but requires special clearing.<br />

5 | Compliance, taxation, regulation – Reference Data & Pricing from <strong>SIX</strong> Telekurs


2.8 Fund reporting in Austria<br />

Under Austrian regulations, foreign funds permitted for sale in Austria are subject to a reporting<br />

obligation. So-called blütenweisse Fonds (“brighter than white funds”) are subject to a daily<br />

reporting obligation for Austrian capital gains tax purposes, whereas funds that have lost their<br />

brighter-than-white status are no longer subject to this reporting obligation. So-called weisse<br />

Fonds (“white funds”) are subject to an annual reporting obligation for Austrian capital gains tax<br />

purposes. This information is provided in message type TKFSD “Tax and Reporting /<br />

Regulation” under the corresponding regulation names. Obtaining data on brighter-than-white<br />

funds requires authorization. A corresponding entitlement requirement therefore applies.<br />

2.9 French taxation / reporting and regulation<br />

This tax and reporting/regulation information is essential for financial institutions with French<br />

investment clients if tax and compliance requirements are to be processed efficiently and<br />

competently on these investors’ behalf. Included are information on securities authorized for the<br />

equity savings plan “Plan d’Epargne en Actions” (PEA), details on capital gains tax and<br />

redemption premium tax (tax prime de remboursement), as well as tax information on dividend<br />

payments and their specifications under the French double taxation agreement. The data<br />

contained in the package is provided in message types TKFSD “Tax and Reporting /<br />

Regulation” and TKXSD “Tax” under the country code “France”.<br />

For more information, please click on the following link: http://www.sixtelekurs.com/dl_tkfich_customers_documentation_compliance_french_tax_e_uk.pdf<br />

6 | Compliance, taxation, regulation – Reference Data & Pricing from <strong>SIX</strong> Telekurs

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