# VSB 20 Art. 63 — Minor cases - **Rubric (DE):** Bagatellfälle - **Rubric (EN):** Minor cases - **Chapter:** 8. Kapitel — Prüf- und Verfahrensbestimmungen (2. Abschnitt: Sanktionsbestimmungen) - **Scope:** Banks & securities firms (incorporated via [[GwV-FINMA Art. 35 - Identification, controlling person and beneficial|GwV-FINMA Art. 35]]) - **Status:** In force (since 1 January 2020) ## Description In minor cases (*Bagatellfälle*) the proceedings against the bank in default are to be closed without sanction. A minor case exists in particular where the purpose of the rules (identification of the contracting partner, establishing the controlling person (*Kontrollinhaber*) and establishing the beneficial owner) has been achieved despite formal deficiencies. Examples: (a) documents more than twelve months old were used to identify a legal person or partnership; (b) a *Formular A* was used that was incompletely or incorrectly completed, provided the name and first name (or firm) of the beneficial owner are stated and the contracting partner signed the form, with *Formulare I, K, S* and *T* treated analogously where incompletely completed; (c) the assets booked under the relationship do not exceed CHF 25,000; (d) the existence of a fact was not recorded or placed on file in a suitable manner as required; (e) individual information and/or documents are missing or not in proper form, this was only discovered after the account was opened, and the correction was made within 30 days. ## Context & interpretation The SBA commentary states that where a minor case exists, the proceedings must in every case be closed without sanction, and that the reprimand (*Verweis*) has no longer been provided for since the VSB 16. It states that the list of examples is not exhaustive and that, where the deficiencies amount to a systemic failure of the bank, a minor case can no longer be assumed. It states that the 30-day period in lit. e is counted from the time of account opening within the meaning of Art. 45 Abs. 2. ## FATF - None directly. ## Swiss counterparts - [[VSB 20 Art. 45 - Timing of documentation|VSB 20 Art. 45]] — Art. 45 Abs. 2, from which the commentary counts the 30-day period in lit. e. ## Part of - [[VSB 20]] ## Sources - VSB 20 (Vereinbarung vom 13. Juni 2018, in force 1.1.2020), Art. 63 - SBVg Kommentar zur VSB 20 (2020), Art. 63