Before the rules called Basel III shall apply in Switzerland in 2015, the "Département Fédéral de Finance" (Swiss Federal Department of Finance) of the "Conseil Fédéral Suisse" (Swiss Federal Council) has developed a draft of an ordinance that was subject to public consultation on August 28, 2012. Another text will present later rules about systemic banks. The order will be applicable on the 1st January 2013. But banks, like any anticipator market agent, have not already internalized the rules of Basel III ? In addition, it seems that the criterion of systemic continues to be the size of the agent, but it is not so evident.