Hedge Fund Regulation and Supervision in Switzerland

by The International Monetary Fund

Switzerland: Financial System Stability Assessment Update, June 2007 (edited)


Switzerland is the world's second largest market for funds of hedge funds, after the US, with most assets invested in offshore hedge funds.

There are nearly 256 registered and supervised hedge funds in Switzerland approved for public distribution (up from 39 in 2001), with total assets of around US$9.4 billion in 2005 (compared with US$273.8 billion invested in all registered Swiss funds).

Almost all these funds are structured as funds of hedge funds.

Most assets invested in hedge funds in Switzerland are in offshore funds that are not registered or regulated in Switzerland. These funds are available for distribution in Switzerland only to qualified investors*.

For hedge funds and funds of hedge funds registered in Switzerland, the licensing process and supervision appear to be well focused.

In general, the licensing procedures are stricter than those for traditional funds. They emphasize the professional quality of fund management and involve interviews with fund representatives and a qualitative assessment of fund managers, risk management systems, reporting lines and internal risk controls.

Although not specified in the regulations, registered hedge funds are also subject to a stricter audit regime during the first two years after inception.

The protection of hedge fund investors is pursued through transparency requirements.

Prospectuses must include a special risk-warning clause that has to be approved by the Swiss Federal Banking Commission, as well as detailed information on the fund investment policy, characteristics and special risks.

Target funds are always shown in the annual and semi-annual reports of funds of hedge funds, and investors must be given the right of redemption at least four times per year.

Statutory restrictions on hedge fund operations are minimal and mainly designed to safeguard the special structure of funds of hedge funds.

For example, short sales or investments in another fund of hedge funds are not allowed. A 6:1 limit on leverage is imposed in addition to a 30% limit on a fund's assets invested in target funds managed by the same manager.

* Estimates indicate that there are more than 150 hedge funds and funds of hedge funds offered by Swiss financial companies domiciled abroad, with an asset volume of about US$200 billion, against an estimated US$1.4 trillion worldwide.
 

***************

 

Switzerland participates regularly in international initiatives to analyze and address developments in the fast growing hedge fund industry.

The Swiss Federal Banking Commission (SFBC) works closely with the relevant international supervisors on this issue, particularly the US Federal Reserve and the UK Financial Services Authority (a).

In addition, the SFBC monitors exposures of the two large banks (UBS and Credit Suisse) to hedge funds on a regular basis and now conducts a detailed annual review of their overall exposures (b).

The large banks have reportedly strengthened the corresponding control processes in recent years and have clear policies in place as regards their relationships with hedge funds and assessment of each fund's risk.

In view of the growing exposure to hedge funds, it is important for the SFBC to conduct focused audits of banks' risk management vis-a-vis hedge funds.

(a) Recently, the SFBC participated with the US and the UK supervisory authorities in an exercise that also included the two large Swiss banks and other internationally active banks to investigate more closely lending standards applied to the hedge fund industry.

(b) This includes positions held on the banks' own books and on behalf of clients.

 

Click here for Swissmoney home page  

© Swissmoney Research. All rights reserved.