Banks
Few other industries are currently undergoing as much change as the banking sector. Business complexity is increasing due to tightened regulatory requirements such as stricter capital, liquidity and risk diversification rules (Basel III) as well as expanded reporting obligations. In addition, banks operating cross-border must increasingly deal with foreign regulations (e.g. MiFID).
Against the backdrop of the new regulatory framework, banks must assess which business activities will remain attractive and profitable in future when viewed from the perspectives of compliance, capital and liquidity.
With our highly qualified staff and our broad experience, we help you analyse and efficiently implement the ever-growing regulatory requirements in a practical manner.
Our services include:
- Legal and regulatory advice on industry-specific topics, e.g. in relation to licensing requirements, asset management and investment advisory business, cross-border business, anti-money laundering, capital, liquidity and risk diversification requirements
- FINMA licence applications for banks and securities dealers and their products
- Representation before supervisory authorities
- Support of the internal audit function in complex matters or specific areas
- Assessment of compliance risks and existing compliance processes
- Performance of ongoing compliance activities in an outsourcing arrangement
- Drafting of regulations and directives
- Drafting of banking-specific contracts such as loan agreements, asset management and investment advisory agreements, outsourcing agreements, custody agreements
- Performance of legal and regulatory due diligences
- Conducting training sessions on banking law topics
Our goal is to provide you with innovative and easy-to-understand solutions to complex challenges at competitive prices. We look forward to hearing from you — get in touch!
Asset Management
After many years of growing assets under management (AuM) and handsome margins, the asset management industry is now facing increasing pressure on costs and transparency as well as a wave of new and stricter regulations.
Financial market laws and regulations are affecting various players in the asset management sector by subjecting them to licensing, rules on professional conduct and other standards governing their core business activities.
We help our clients analyze and implement the regulations relevant to them and offer tailored solutions, so you can focus on your core business.
Our services include:
- Legal and regulatory advice on industry-specific topics, e.g. in relation to licensing requirements, launch and distribution of collective investment schemes and structured products, cross-border business, anti-money laundering
- FINMA licence applications for collective investment schemes and their functionaries such as custodian banks, fund management companies, asset managers, representatives and distributors
- Admission procedures with self-regulatory or industry organisations
- Representation before supervisory authorities and self-regulatory or industry organisations
- Assessment of compliance risks and existing compliance processes
- Performance of ongoing compliance activities in an outsourcing arrangement
- Drafting of regulations and directives
- Drafting of industry-specific contracts such as asset management and distribution agreements
- Performance of legal and regulatory due diligences
- Preparation and performance of training sessions on regulatory topics
Our goal is to provide you with innovative and easy-to-understand solutions to complex challenges at competitive prices. We look forward to hearing from you — get in touch!
Insurance
New legal and regulatory requirements pose major challenges for insurance companies. In addition to implementing Swiss regulatory requirements such as the Swiss Solvency Test (SST) and tightened consumer protection provisions, internationally active insurers must increasingly deal with foreign regulations (e.g. Solvency II, FATCA, IMD, MiFID).
Against this background, insurers must continually review their strategies and business processes. It is essential to analyse matters precisely and to make necessary adjustments proactively.
With our highly qualified staff and our broad experience, we help you analyse and efficiently implement the ever-growing regulatory requirements in a practical manner.
Our services include:
- Legal and regulatory advice on industry-specific topics such as licensing requirements, Insurance Supervision Act (ISA) and Insurance Contract Act (ICA), investment and capital requirements, cross-border business, anti-money laundering, information duties
- FINMA licence applications for the commencement or amendment of business activities
- Representation before supervisory authorities
- Support of the internal audit function in complex matters or specific areas
- Assessment of compliance risks and existing compliance processes
- Performance of ongoing compliance activities in an outsourcing arrangement
- Assessment of the risk management system
- Drafting of internal regulations and directives
- Drafting of insurance-specific contracts such as general terms and conditions of insurance and agreements with distribution partners
- Performance of legal and regulatory due diligences
- Conducting training sessions on insurance law topics
Our goal is to provide you with innovative and easy-to-understand solutions to complex challenges at competitive prices. We look forward to hearing from you — get in touch!
Commodities Trading
Favourable framework conditions have helped the commodities industry develop into a significant sector of the Swiss economy. The focus is on trading in physical commodities as well as their financing and hedging. Commodities also play an important role as an asset class in asset management and in derivatives trading.
As its importance grows, public pressure on the commodities industry is also increasing, including with regard to transparency in product and cash flows, compliance with environmental protection standards, and taxation and supervisory issues.
Against this background, we support our clients in assessing and implementing the regulations relevant to them and best practices. We offer tailored solutions so that you can focus on your core business.
Our services include:
- Legal and regulatory advice on industry-specific topics such as international sanctions (UN, OFAC, SECO), anti-money laundering, anti-corruption measures
- Analysis of the impact of new regulations on the business model, e.g. EMIR, Dodd-Frank, Transparency Directive
- Implementation of due diligence obligations in the sense of corporate social responsibility
- Admission procedures with self-regulatory or industry organisations
- Representation before self-regulatory or industry organisations
- Drafting of regulations and directives
- Support in designing and implementing an internal compliance organisation
- Performance of ongoing compliance activities in an outsourcing arrangement
- Preparation and performance of training sessions on regulatory topics
Our goal is to provide you with innovative and easy-to-understand solutions to complex challenges at competitive prices. We look forward to hearing from you — get in touch!
Real Estate
The Swiss real estate market is in enviable shape, and investments in real estate remain highly sought after by institutional and private investors alike. However, still-rising property prices and high transaction volumes also lead to increased legal and reputational risks. Calls for stronger regulation of the real estate industry are growing. The focus is on subjecting the industry to the Anti-Money Laundering Act and combating corruption.
Against this background, an efficient compliance organisation is also advisable for the real estate industry. Business processes must be reviewed and necessary adjustments must be made proactively.
With our highly qualified staff and our broad experience, we help you meet these new requirements.
Our services include:
- Legal and regulatory advice on industry-specific topics such as launch and distribution of real estate investment vehicles, anti-money laundering, anti-corruption measures
- FINMA licensing procedures for real estate funds
- Admission procedures with self-regulatory organisations
- Representation before supervisory authorities and self-regulatory organisations
- Assessment of legal and reputational risks of real estate transactions
- Drafting of regulations, directives and rules of conduct (code of conduct)
- Support in designing and implementing an internal compliance organisation
- Performance of ongoing compliance activities in an outsourcing arrangement
- Preparation and performance of training sessions on regulatory topics
Our goal is to provide you with innovative and easy-to-understand solutions to complex challenges at competitive prices. We look forward to hearing from you — get in touch!
Fintech & Digital Assets
The digitalization of the financial sector, innovative fintech business models, and rapid developments in blockchain and digital assets are bringing about lasting change in the financial industry. New technologies – from open banking and embedded finance to tokenization, DeFi, and Web3 – are opening up a wide range of opportunities, but also presenting companies with growing legal and regulatory challenges.
Switzerland is one of the leading locations for fintech and crypto companies. At the same time, the requirements of FINMA and international supervisory authorities are constantly increasing: from strict AML/KYC requirements to data protection and ICT risks to specific requirements for token models, custody services, and innovative platforms.
We support fintech, blockchain and digital asset companies in implementing their business models securely, efficiently and in compliance with applicable rules. Our expertise covers both classical financial market regulation and novel technologies as well as international developments.
Our services include:
- Legal and regulatory assessment of fintech, blockchain and digital asset business models and token structures (securities, payment, utility, stablecoins)
- Support with cross-border issues and international regulations (e.g. MiCA, FATF)
- Admission procedures with self-regulatory organisations
- Support with FINMA licensing and notification procedures and representation before supervisory authorities
- Development of AML/KYC concepts for digital business models as well as establishment and review of compliance frameworks
- Compliance for blockchain models: wallet verification, travel rule, on-chain risk analyses
- Drafting and review of platform, partner, outsourcing and data processing agreements as well as token purchase agreements and listing agreements
- Drafting of internal regulations, guidelines and directives
- Conducting legal, regulatory and compliance due diligences
- Conducting training sessions and workshops on regulatory topics
Our goal is to support fintech and blockchain companies in a practical, efficient and sustainable manner — from the idea stage through regulatory implementation to international scaling. We combine technological expertise with an in-depth understanding of financial market supervision and provide clear, innovative and solution-oriented advice. We look forward to hearing from you — get in touch!