Suchergebnisse für Konzeption der Anlageberatung

Eigentümerstrukturen von Schweizer Aktiengesellschaften

The ownership structure of a corporation is in many respects a crucial determinant from a corporate governance perspective. In finance and business economics, a large variety of theoretical and empirical work has focused on corporate ownership structures and their implications. In the legal field, however, the topic has been rather neglected so far. This article provides an empirical study of…

Regulierung von künstlicher Intelligenz für FinTech-Anwendungen

New methods of artificial intelligence represent one of the greatest promises and most prospective developments of digitalisation. Artificial intelligence has already enabled numerous innovative applications in the areas of image recognition, medicine, language and mobility, and it is also increasingly being used in the financial market, on which this article focuses. In addition to great…

Angemessenheits- und Eignungsprüfung nach FIDLEG

On 1 January 2020 the Financial Services Act (FinSA) entered into force. Depending on the service offered the new supervisory law obliges investment advisors and portfolio managers to conduct an appropriateness test or a suitability test. This article evaluates the new regime and compares it with the relevant contractual duties and the provisions of the European supervisory law.

Der Kundenschutz und die FINMA – heute und morgen

To effectively protect financial market clients, an integrated approach combining prudential and conduct supervision is most conducive to achieving the desired results. It has already been applied in principles-based Swiss financial market regulation and supervision and is practised in a risk-oriented manner. Besides public financial market law, further aspects such as civil law and criminal law…

Stärkung der Ombudsstelle

With the coming into force of the Financial Services Act (FinSA) and the Financial Institutions Act (FinIA), the ombudsman will be strengthened by being regulated by law and by obliging the financial…

Die (neuen) Pflichten im Execution-only-Geschäft: Zusammenspiel von FIDLEG und OR

As a part of the new financial markets architecture, the Financial Services Act (FinSA) entered into force on 1 January 2020. It introduces unified rules for offering financial services and…

Grenzüberschreitendes Angebot von Finanzdienstleistungen und -produkten? Die Eidgenossenschaft schlägt zurück

Until recently, Switzerland applied a strict territorial approach to regulating financial services with a handful of a notable exceptions. After facing protectionist movements from other…

Zum Anbieten kollektiver Kapitalanlagen unter dem FIDLEG – und ausgewählte Aspekte der dabei einzuhaltenden Verhaltenspflichten

The regulatory framework for the distribution of collective investment schemes (CIS) in (and from) Switzerland is currently set forth in one single act, the Collective Investment Schemes Act (CISA). The CISA sets out the product level requirements for CIS distributed in or from Switzerland, the requirements for persons distributing CIS, and the point of sale duties of such persons. As part of the…

Neuerfindung des Finanzsektors?

Although digitalization embraces practically all areas of society and economy, in the financial sector, the use of these new technologies started very early and were particularly intense. As financial products are largely based on information, the usage of such technologies are also the basis for financial systems, payment infrastructures, trading platforms and crypto-currencies. Owing to the…