Motion Grüter (16.3472): Risk-adjusted delimitation and definition of the term deposit
Not yet discussed in the Council
Submitted text
The Federal Council is instructed to narrow down and define the deposit concept from Article 1 (2) of the Banking Act and Article 2 (a) of the Banking Ordinance in a risk-appropriate manner. The current broad interpretation by Finma hinders innovative blockchain startups whose business models qualify as banking business without the underlying protective concept of the deposit term requiring this.
Justification
For the future of the Swiss financial center, it is crucial to be at the forefront of the latest technological developments. One such technology is blockchain, as stated by the Federal Council in its media release of April 20, 2016. Blockchains enable irrefutable proof of transactions thanks to their complete and unalterable history. This would allow many transactions to be conducted directly between two contracting parties that previously required an intermediary (e.g., payment service providers). The technology holds a lot of potential, but this can only be exploited if the corresponding innovations can be tested on the market. Switzerland has the opportunity to become a leading global location for blockchain startups.
One practice that currently hinders this is the broad interpretation of the term deposit under banking legislation. This leads to many blockchain startups being unnecessarily qualified as a bank.
The concept of deposits is based on the interest in protecting depositors. Under today’s application of the term, non-banks are also required to comply with comprehensive due diligence and capital requirements in the millions. This is unsatisfactory for FinTech startups:
1. a banking license is not necessary to protect the customer of the new services; and
2. No young startup can afford a banking license.
The definition of deposits – especially with regard to the “Bankenliz Light” currently being developed by Finma – is to be narrowed down in such a way that only business models are covered from which risks associated with the typical banking business (interest business) emanate for the customer. The acceptance of assets for predefined purposes and with a low need for protection – e.g. the acceptance and issuance of digital currencies or their storage (safekeeping) analogous to safe deposit boxes – must not fall under the Banking Act.