Suchergebnisse für sachliche Zuständigkeit

FIDLEG-Verhaltenspflichten: Umsetzungsfragen und Weiterentwicklung nach der initialen Umsetzungsphase

Since the transitional period of the Financial Services Act (FinSA) expired on 31 December 2021, financial service providers have gained more than two years of experience with the new, cross-sectoral regulation. In practice, as well as through the first audits that have now taken place, it has become clear that many fundamental (interpretation) questions relating to the conduct duties of the…

Retro-Strafbarkeit nach Art. 158 StGB: Questions and (some) Answers

In 2018, the Swiss Supreme Court issued a landmark decision on payments from third parties in financial services (so-called inducements, kickbacks, or retrocessions). In essence, it held that the acceptance of inducements by asset managers and their concealment vis-a-vis the clients are a criminal offense. This article discusses the ramifications of the Supreme Court decision and explores some of…

Financial Benchmarks: Bedeutung, Problematik und regulatorische Ansätze

Financial benchmarks have become important reference points in the global financial market guiding worldwide obligations in financial contracts in the amount of hundreds of billions of US-Dollars. Since July 2012, after the attempted manipulation of Libor became known, the issues of credibility and representativeness of such widely used financial benchmarks are in the spotlight of the global…