A Financial Institution

Before launching a new service or business model in Switzerland, it is essential to identify the applicable regulatory requirements. We carry out preliminary analyses to determine whether your activity requires FINMA authorization, membership of an SRO or registration in the advisors’ register. Some activities may benefit from specific exemptions, such as the regulatory sandbox or de minimis thresholds. If your activity is not subject to these requirements, we can assist you in obtaining letters of exemption or in drafting legal opinions.

Guaranteeing your compliance and supporting your development Some activities require FINMA authorization (e.g. banking or asset management activities), while others require specific affiliation or registration. Failure to do so may result in enforcement proceedings and criminal penalties. Your business model is likely to evolve: launch of new services, ESG integration, development of activities involving AI or digital assets. We can help you analyze the legal implications of these changes and adapt your contracts (joint ventures, shareholder agreements, management contracts, issue documents, etc.).
At the same time, we ensure that your governance and internal documentation are up to date, and that reporting obligations are met, particularly in the case of sensitive communications to the supervisory authorities.

Whether you are looking to strengthen your shareholder base, divest activities or forge new partnerships, each operation requires precise legal structuring. We work with you every step of the way to secure your interests and optimize your growth or restructuring projects.

Your compliance is assessed on an ongoing basis, notably through regular prudential audits (LEFin, LSFin, LBA). We prepare you for audits, analyze audit reports, and assist you in implementing any rectifications required by auditors or supervisory authorities. We also provide customized legal watch services to keep you abreast of legislative developments affecting your business.

The integration of digital solutions (cloud, digital onboarding, regtech, robot advisors, digital assets) raises essential questions:

• delegation of essential tasks,
• processing and storage of sensitive data,
• automated decisions,
• IT security and intellectual property rights..

We can help you conduct due diligence on your service providers, negotiate outsourcing contracts, and provide a legal framework for your innovative projects to ensure compliance and robust governance.

Like any company, you process personal data from employees, customers and third parties. We support you in setting up governance that complies with the requirements of the Swiss DPA and the European GDPR, drawing up the necessary documentation (privacy policies, internal guidelines) and ensuring the security of your data processing.