Cantonal Act implementing the Federal Act on Consumer Credit (LALCC) (LALCC)

This law governs the application of the Federal Act on Consumer Credit of March 23, 2001 (CCA), as well as the related federal ordinance, and in particular the procedure for granting authorization to carry out the activity of granting and brokering consumer credits.

The Council of State designates the competent Department for the application of the law.

1 The natural person must submit the application accompanied by the following documents

a) a curriculum vitae and professional certificates;

b) a certificate proving the passing of professional examinations in the field of credit granting and brokerage;

c) a criminal record extract issued no more than three months ago;

d) a certificate from the Debt Enforcement and Bankruptcy Office stating that the applicant is not in a state of insolvency, as evidenced by certificates of assets deficiency, or in a state of bankruptcy;

e) a certificate proving a sound financial situation in accordance with Art. 40 para. 1 letter a LCC;

f) a certificate proving the existence of adequate professional liability insurance.

2 The legal entity must submit the application accompanied by the following documents

a) an extract from the Commercial Register;

b) a balance sheet prepared no more than six months ago;

c) the certificates indicated in letters d), e) and f) of the preceding paragraph;

d) for each member of the management and administration, the documentation required in letters a), b), c) and d) of the preceding paragraph.

3 The competent Authority may request the submission of further documentation.

The person benefiting from the authorization must immediately communicate to the Competent Authority any change in the data indicated in the application for authorization, in its attachments, or in subsequent updates.

Revocation of the authorization

1 The authorization shall be revoked when the conditions for its issuance are no longer met, when the beneficiary has provided relevant untrue information, when they have failed to promptly communicate important changes to the data indicated at the time of application or subsequently, or when they have repeatedly violated the obligations set forth in Articles 25 et seq. LCC.

2 The procedure shall be initiated ex officio or upon notification.

3 The revocation shall be published in the Official Gazette of the Canton of Ticino.

[1] The competent authority orders all measures suitable for interrupting a factual situation contrary to the law, and notably the cessation of the activity of granting and brokering consumer credits.

[1] Art. amended by L 24.9.2013; in force since 1.3.2014 - BU 2013, 473.

1 Any person who commits infringements of this Act shall be punished with a fine not exceeding CHF 10,000.

2 Any person who carries out credit granting and brokerage activities without authorization or after the revocation of authorization shall be punished with a fine not exceeding CHF 20,000.

1 An objection against the Department's decision to impose a fine may be lodged in accordance with the Code of Criminal Procedure of 5 October 2007. [2]

2 An appeal against any other decision of the Department may be lodged with the Council of State.

3 An appeal against the decision of the Council of State may be lodged with the Cantonal Administrative Tribunal.

4 … [3]

5 The reporting person is not a party to the proceedings.

[2] Para. amended by Law of 20.4.2010; in force since 1.1.2011 - BU 2010, 255.

[3] Para. repealed by Law of 24.9.2013; in force since 1.3.2014 - BU 2013, 473.

The fee for issuing the authorization is a maximum of CHF 2,000, while the annual operating fee is a maximum of CHF 1,000.

The authorization to carry on the activity of granting and brokerage of consumer credit must be requested within six months from the entry into force of this law.

1 After the deadline for exercising the right of referendum has passed, the present law shall be published in the Official Bulletin of Laws and Executive Acts.

2 The Council of State shall determine its entry into force. [4]

Published in BU 2003, 249.

[4] Entry into force: 1 January 2004 - BU 2003, 250.