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.