BANKING AND FINANCIAL LAW, REGULATIONS
The Swiss financial market has undergone many changes since the 2008 crisis and the consequent decline in the scope of banking secrecy at the international level. In 2020, the financial centre completed its restructuring with the Federal Act on Financial Institutions (FinIA) and the Federal Act on Financial Services (FinSA) coming into effect, with the notable consequence of increasing FINMA's supervisory powers over all financial intermediaries.
We can advise companies seeking to obtain a licence for operating in the Swiss financial market, in particular as wealth managers or trustees, as representatives, managers, administrators or custodian banks for investment funds, securities' firms or banks. In the event of changes in the company's business or structure, we can intervene to adapt the framework for supervision by FINMA and any bodies to which it may delegate its tasks.
The Firm also assists financial intermediaries in the development of internal regulations that define the prudential approach for their operations (risk control, anti-money laundering, data protection, etc.).
When the situation between a subject company and the supervisory authority deteriorates, our specialist lawyers can assist and defend companies or persons subject to a so-called enforcement procedure, even in anticipation of such a procedure.
On the other hand, in the crucial relationship between banks and their clients, a field essentially governed by private law, the Firm has many years of experience in advising and representing parties in court. This may involve, for example, a wealth management or investment advisory agreement, whose clauses may not have been complied with, a problem encountered following a private investment subscription, documentary credit or payment transactions, particularly in international business, which may not have worked, or disputes in connection with the granting or repayment of a loan.
Finally, apart from any litigation-related aspects, our specialised lawyers are able to advise you with regard to drafting or verifying contracts related to the usual banking or financial operations. The Firm assists several companies in drafting and adapting their contractual framework with clients. Moreover, some of its lawyers have gained part of their experience in legal departments of top-tier banks.