Regulatory perimeter
Switzerland has a specific DLT securities framework, but not every token is a DLT security. Counsel should classify whether the token represents equity, debt, a fund interest, a claim, a payment instrument, a utility right or a record of an off-chain asset.
- DLT securities and uncertificated register securities can require careful corporate, transfer and ledger design.
- Multilateral trading of DLT securities can require a FINMA DLT trading facility licence.
- Custody, brokerage, asset management, fund activity and deposit-taking can trigger other FINMA regimes.