Financial Services

Banks, insurers, asset managers and other financial institutions operate within a challenging and dynamic regulatory environment. Our clients can rely on a highly specialized team with many years of experience and profound knowledge of the legal framework and the industries in which financial institutions operate.

We support financial institutions comprehensively from licensing proceedings, ongoing compliance with prudential requirements and rules of conduct, enforcement proceedings before FINMA and other authorities, up to reorganizations or winding-down. Leveraging our industry expertise, we advise clients on transactions, including mergers and acquisitions, complex reorganizations and raising regulatory capital.

We are at the forefront of regulatory developments and actively engage in the regulatory process as experts in parliamentary hearings, in expert commissions and other working groups. We were closely involved in the process that led to the Financial Services Act (FinSA), the Financial Institutions Act (FinIA) and their implementing ordinances. Our advice goes beyond black letter law to help clients anticipate changes.

Clients

Swiss and international banks, securities firms, insurers, investment firms, collective investment schemes, asset managers, financial market infrastructures as well as FinTech and InsureTech companies rely on our expertise in regulatory, corporate and transactional matters.

Banks

Our banking practice assists banks and bank holding companies on an ongoing basis. We support banks on a wide range of regulatory matters, including licensing, ongoing reporting duties and organizational matters as well as outsourcing projects. We advise foreign financial institutions on the regulatory framework for cross-border services.

We advise clients on compliance with legal and regulatory duties in corporate governance, contractual matters and regulatory aspects of transactions. We also represent clients in enforcement proceedings and advise them on related challenges.

Insurers

Our specialists have in-depth knowledge of the insurance sector. We have a thorough understanding of both the national and international regulatory framework as well as the economics of the direct and reinsurance business.

Our practice focuses on regulatory issues such as license applications, reporting requirements, solvency, business organization and compliance, outsourcing, investments and distribution structures as well as on acquisitions and corporate restructurings (including mergers and (cross-border) insurance portfolio transfers). Our clients include insurers, reinsurers and insurance brokers.

Asset Management, Funds and Investment Products

We advise asset managers, fund management companies, investment vehicles and their sponsors, including private equity and private debt firms and hedge funds, across all major asset classes and fund types.

We assist asset managers of private funds and issuers of structured products with offering their products in compliance with the Swiss regulatory framework under the Financial Services Act (FinSA), Financial Institutions Act (FinIA) and the Collective Investment Schemes Act (CISA). We support them in establishing a local presence and creating a distribution network.

Our team supports asset managers and fund management companies in licensing proceedings and other interactions with FINMA. We also assist Swiss and foreign funds in obtaining product approvals from FINMA.

Financial Service Providers

Our financial services specialists advise external asset managers, investment advisors and family offices on their regulatory challenges. We help them assess their regulatory status and licensing requirements and structure their business for an appropriate regulatory footprint. We support clients in complying with rules of conduct, joining an ombuds organization and registering their client advisors.

Derivatives and Financial Markets Infrastructure

We advise all market participants on derivatives transactions, from large financial counterparties to non-financial counterparties. Our specialists cover all Swiss law aspects of derivative financial instruments, including regulatory requirements under the Financial Markets Infrastructure Act (FinMIA), insolvency analyses of contractual frameworks and collateral arrangements as well as top-up opinions extending the scope of standard industry opinions.

Anti-Money Laundering (AML/CFT)

Our clients turn to us for support with anti-money laundering and combating terrorism financing. We advise on legal, regulatory and self-regulatory requirements from know-your-customer (KYC) to enhanced due diligence for relationships with increased risks. We advise on legal and reputational risks related to high risk clients and on suspicious activity reporting. We also assist in remediation processes and responding to investigations by FINMA or prosecutors.

Licensing Proceedings

For any supervised financial institution, the gateway to doing business in Switzerland is a FINMA authorization, joining a supervisory organization or a self-regulatory organization. We support clients as advisors or project managers, depending on their needs, and use our expertise to help them complete the process efficiently.

Our clients turn to us for support with notices to FINMA and FINMA approvals, including for acquisitions, mergers and other corporate transactions.

We also advise clients on reducing their regulatory footprint or exiting the Swiss market entirely. We provide effective solutions to unwind complex operations while minimizing regulatory and reputational risk.

Enforcement Proceedings

The complexity of financial regulation poses challenges even for the most sophisticated financial institutions. We help clients maintain their standing with supervisory authorities by advising on remedial action, pro-active risk prevention and effectively challenging and appealing enforcement actions.

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