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Relaunch Investment Suitability

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2 FINMA Discussion Paper<br />

Following the bankruptcy of Lehman Brothers and Madoff’s<br />

investment fraud case, the Swiss Financial Market Authority<br />

investigated the marketing of financial products and found<br />

significant deficiencies in the protection of private investors. Among<br />

other things, FINMA questioned the imbalance of information<br />

between financial institutions and private clients. In the discussion<br />

paper presented on 10 November 2011 FINMA suggests various<br />

options to balance out the information asymmetry and improve<br />

investor protection.<br />

Complexity index of listed structured derivatives in Switzerland<br />

Average<br />

complexity<br />

of issued<br />

products<br />

high<br />

average<br />

low<br />

Q1-07<br />

Ernst & Young <strong>Relaunch</strong> <strong>Investment</strong> <strong>Suitability</strong><br />

FINMA also paid close attention to the increasing complexity<br />

of financial products. In its judgement, this leads to unsuitable<br />

products reaching the portfolios of private clients, or those which<br />

have only limited suitability with respect to investment objectives<br />

and risk tolerance. A classification model developed by Ernst & Young<br />

and Derivative Partners which takes account of multiple factors<br />

(such as the number of underlying or embedded options) now<br />

shows that the complexity of the products issued since the end<br />

of 2008 is starting to increase again. Only listed products were<br />

considered in the process. The trend toward reduced complexity<br />

which started with the financial crisis is no longer recognizable. In<br />

the light of this, investor protection regulations at the point of sale<br />

appear to be in line with the times.<br />

Q2-07 Q3-07 Q4-07 Q1-08 Q2-08 Q3-08 Q4-08 Q1-09 Q2-09 Q3-09 Q4-09 Q1-10 Q2-10 Q3-10 Q4-10<br />

Quarters 2007–2010<br />

Index<br />

4-year average<br />

Trend Source: Ernst & Young and Derivative Partners<br />

7

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