The Swiss Federal Banking Commission (EBK), an independent regulator of the
Swiss banking industry, has expressed its support for changes to the Swiss tax
and legal system to encourage more hedge fund managers to base their activities
in Switzerland.
In a report turning the spotlight on the development of the Swiss hedge fund market, the EBK observed that while Switzerland is home to some of the world's
biggest hedge fund customers, the Swiss hedge fund industry itself is tiny compared
with the main centres of New York and London, with only an estimated 50 hedge
fund managers located in Switzerland out of a global total of 9,000 hedge funds.
The EBK stated that more than 5% of the assets invested in Switzerland are
invested in hedge fund products, but about one third of the estimated $600 billion
invested in funds of hedge funds comes from Switzerland, making it the world's
second-biggest hedge fund investor after the United States.
The report suggested that changes to the tax and legal framework in Switzerland
are needed to encourage growth in the country's hedge fund industry and to attract
more fund managers.
"Aligning the today unfavourable tax conditions with those of the most
important foreign locations could facilitate the settlement of hedge funds managers
in Switzerland. In the view of the SFBC such a step would be welcome,"
the report stated. However, it added that such a decision lies with the political
authorities who "will have to take into account other interests as well."
On the regulatory front, the EBK noted that the new Collective Investment Act
offers a flexible legal framework with a number of different corporate forms
for hedge fund activities in Switzerland, but managers of foreign hedge funds
only have a limited opportunity to place themselves under the supervision of
the SFBC. Revisions to the Act are needed to correct this, the report recommended.
"The possibility to be licensed and supervised could enhance Switzerland’s
attractiveness as a location for hedge funds since a number of investors such
as pension funds only invest in assets managed by asset managers under official
oversight," the report stated. "The SFBC supports a revision of the
Collective Investment Act toward the end of improving regulatory incentives
for hedge fund managers to settle in Switzerland."
The EBK concluded that: "From an international perspective, Switzerland
is a major market for the placement of hedge fund products. Conversely, it has
to date been far less significant as a location for hedge fund managers and
as a domicile for hedge funds themselves. The SFBC supports efforts to create
incentives for hedge funds managers to base themselves in Switzerland by improving
their operating environment."