Suchergebnisse für private banking

Berufsverbot nach Art. 33 FINMAG

Ausgangspunkt für den vorliegend zu besprechenden Entscheid war ein von der Eidgenössischen Finanzmarktaufsicht FINMA gegen die Bank X. AG (zum Urteilszeitpunkt: X. Administration AG; nachfolgend:…

Wer zahlt, wenn wir bezahlen?

Where payments are made via credit card, retailers are charged with a merchant fee. This fee covers, among others, the interchange fee that the acquirer has to pay to the issuer of the credit card each time the card is used. The following article deals with legal questions that arise relating to interchange fees. In particular, it analyzes the contractual framework between issuer, acquirer,…

Editorial | Éditorial

This issue is almost entirely dedicated to the law of banking and financial services. The first three contributions were presented at the recent Journée de droit bancaire et financier in Geneva.

Conformité fiscale : obligations et responsabilité du client envers la banque

The responsibility of Swiss banks and other financial intermediaries in respect of their clients’ and client ­assets’ tax status have undergone a paradigmatic change. Banks need to manage their tax and criminal risks ­related to their clients. FATCA, the OECD’s Common Reporting Standard (CRS), and the implementing Swiss legislation impose strict duties on banks (and ­almost none on their clients)…

Was heisst «Internationale Standards»?

International standards have become more and more important with and also through the globalisation of the financial markets. In consequence, they are most important in corporate law and in particular in the field of financial reporting, i.e. IFRS or US GAAP. This is not only true for Switzerland, but also for the European Union. International standards are often enacted by a panel of experts…

Global Financial Standards and Regulatory Reforms

The present paper discusses global financial standards and their relevance as part of the regulatory reforms initiated in the aftermath of the financial turmoil. In a first – precursory – part, it provides more clarity on the notion and role of “soft” law instruments, which have become an eminent pillar for the regulation of global finance. The essay likewise highlights the financial sector…

Wettbewerb zwischen internationalen Standards

Competition between different standards can bring about efficiencies but the financial crisis has shown that the coordination and partial harmonization of these standards has advantages that are not to be underestimated. The following contribution analyses the possible competition of standards with a view towards the actors and the recipients of regulation. The theore­tical approach is clarified…

Conference Proceedings

This year’s annual conference of the University Research Priority Program (URPP) Financial Market Regulation¹ – the third in the history of the URPP – was devoted to “International Aspects of Financial Regulation: Competition vs. Coordination” and took place at the University of Zurich on June 1 and 2, 2015. In line with the URPP’s interdisciplinary approach, the conference program blended…

Towards Automatic Exchange of Information

This article describes the various steps that led towards automatic exchange of information as the global standard and the issues that remain to be solved. First, the various competing models of exchange information, such as Double Tax Treaty (DTT), TIEA’s, FATCA or UE Directives are described with a view to show how they interact between themselves. Second, the so-called Rubik Strategy is…