Banking and Finance Lawyers in Switzerland
Banking and Finance Lawyers in SwitzerlandUpdated on Thursday 25th April 2019
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Banking and finance lawyers in Switzerland are specialized in providing legal services to natural persons and legal entities that need professional assistance in the field of banking and finance. Our law firm in Switzerland can assist companies set up as banking institutions, financial institutions, branch offices of foreign banks, but it can also provide its services to investment companies or investment funds or to natural persons operating in this industry (for example, in the case of asset managers or other types of specialists).
What are the main types of banking and finance legal services?
Our team of Swiss lawyers can provide a wide range of legal services to those operating in the banking and financial industry. Our banking and finance lawyers in Switzerland can assist in all the formalities available when starting a business in this sector and can also advise investors in the procedure of applying for a specific type of license, which is customarily requested for such businesses. Among our main banking and finance legal services, we mention the following:
- • preparing the specific company documents necessary when registering a banking or a finance company;
- • legal assistance in the actual registration procedure with the local institutions;
- • information regarding the documents required for the banking licenses needed in Switzerland;
- • assist local businesses in registering with the country’s main financial institution, the Swiss Financial Supervisory Authority (FINMA), when applicable;
- • providing legal assistance on the latest regulations applicable to the financial sector;
- • compliance with the local regulations in the field, as well as on the measures prescribed by the money laundering laws;
- • assist in opening investment funds and marketing foreign funds on the Swiss market;
- • advice on any type of banking agreement and other types of contracts usually employed in this sector.
How can our Swiss lawyers assist in banking and finance disputes?
Foreign and local entities can rely on our team of banking and finance lawyers in Switzerland to resolve a wide range of legal disputes that can arise in this sector. We can represent companies and natural persons in matters such as fraud, errors of the management procedures, valuation, overdue payments, fraudulent transfer of assets and any other investment and banking disputes.
Our lawyers have the necessary legal expertise in assisting companies in insolvency matters and can also offer legal representation in debt recovery cases, liable directors, disputes arising between the company’s shareholders and other similar claims; insurance companies can also address to our team of banking and finance lawyers in Switzerland, who have an in-depth knowledge of the insurance law applicable in this country.
What entities need to register with FINMA in Switzerland?
As a legal entity or natural person operating in the banking and finance sector, it can be required to register with FINMA; this depends on the nature of the business developed on the Swiss market. Thus, in each particular case, a set of documents has to be prepared and certain entities may only need to register with the institution, receive an authorization for operating here or obtain a specific type of license, which will be issued by FINMA. For example, insurance brokers only need to register with the institution, while the FINMA license will be required for the following:
- • banks, security dealers, insurance companies or banking and financial products;
- • banking and financial entities operating under the Collective Investment Schemes Act;
- • investment companies with variable capital (SICAVs) and investment companies with fixed capital (SICAFs);
- • limited partnerships operating in the financial sector and the asset managers of funds set up as collective investment schemes;
- • fund management companies and the official distributors of collective investment schemes.
What types of banking licenses are available in Switzerland?
Companies operating as banking institutions are required to apply for one of the available banking licenses stipulated by the local legislation. Our banking and finance lawyers in Switzerland can provide an extensive presentation on the legislation applicable in this case, mainly given by the Banking Act, the Banking Ordinance, the Stock Exchange Act and the Stock Exchange Ordinance.
Any banking institution that accepts deposits from the general public is legally required to apply for a banking license; another type of license in the banking sector is applicable to securities dealers, but it is also necessary for branch offices of foreign banks. Companies operating in the banking sector interested in opening a representative office in Switzerland must also apply for a designated license.
More information regarding the issuance of banking and finance licenses can be obtained from our banking and finance lawyers in Switzerland. Please contact our Swiss lawyers for inquiries regarding any other legal services that can be offered to entities operating in this sector.