Skip to main content

Financial Services Regulation

Swiss regulation of financial services has undergone major developments in recent years with the adoption of the Federal Financial Services Act (“FinSA”), and the regulatory environment has become more complex. The risks associated with conducting regulated activities have increased, and FINMA is playing a more active role, with reinforced disciplinary powers and a growing willingness to work together with financial stakeholders.

Borel & Barbey helps its clients, whether subject to authorisation in Switzerland or not, to navigate through the Swiss regulatory framework, whether with the rules of conduct under FinSA that regulate their activities or the incorporation of those requirements into their internal regulations and the contracts binding them with their clients. We also help financial advisors evaluate the regulatory perimeter in which they operate to determine if they need to register in accordance with FinSA articles 28 et seqq. We advise Swiss-based or foreign investment funds on the structuring and distribution of funds.

Our financial services team is made up of highly specialised, experienced and skilled lawyers, with in-depth knowledge not only of the complex frameworks of statutory regulations in which our clients operate, but also of the practice of independent supervisory authorities.

News Banking & Finance

GILW26 | Banking Outsourcing in the Digital Age: Managing Risks and Regulatory Challenges

As part of Geneva International Legal Week (9-11 March, Geneva), Borel & Barbey is pleased to host a dedicated side event addressing one of the most strategic and scrutinised topics...
16 February 2026

No Duty to Return Retrocessions in Execution-Only Banking Relationships

Published today, the Swiss Federal Supreme Court’s decision of 12 January 2026 provides for a much-awaited clarification on the treatment of retrocessions in execution-only banking relationships. The Swiss Federal Court...
13 February 2026

FINMA has published Guidance 01/2026 on the custody of crypto-based assets

On 12 January 2026, FINMA published Guidance 01/2026 on the custody of crypto-based assets, setting out supervisory expectations aimed at strengthening client and investor protection in Switzerland’s growing crypto market....
13 January 2026