Basler Kommentar zum Kollektivanlagengesetz

Published: 31 March 2009
  • 03 Aug 2026

    Finanzmarktrecht – Entwicklungen 2025

    in: Stämpfli Verlag AG, Bern 2026

  • 23 Jun 2026

    Herausgabe von Vergütungen im Finanzbereich (Retrozessionen, Bestandespflegekommissionen etc.) im Rahmen von execution only-Verhältnissen

    in: SZW 2026

Insights

Insights – 04.11.2026

Towards fully digital client onboarding and lifecycle management: the new CDB 27 and FINMA’s revised Circular 2016/7

Towards fully digital client onboarding and lifecycle management: the new…

<p class="MsoBodyText">Two developments advance digital client onboarding and lifecycle management in Switzerland.</p> <p class="MsoBodyText">First, FINMA’s partially revised Circular 2016/7 ’Video and online identification’, in force since 1 November 2026, admits the forthcoming Swiss e-ID and QR-coded identity documents, while extending liveness detection and residence verification to further online identification routes. Second, the Swiss Bankers Association’s revised due diligence agreement (CDB 27), effective 1 January 2027, aligns its form and documentation requirements with digital processes in a technology-neutral manner, accepting now officially electronically transmitted beneficial ownership forms and digital copies.</p> <p class="MsoBodyText">Together, they enable end-to-end digital processes – subject to stricter security standards and a requirement of verifiable attribution.</p>

Insights – 30.07.2026

Swiss sanctions and contract law: How far do GTC compliance clauses reach?

Swiss sanctions and contract law: How far do GTC compliance clauses reach?

<p>In its decision 4A_455/2025 of 21 May 2026, the Swiss Supreme Court addressed the extent to which a commercial bank may rely on its general terms and conditions (GTCs) to refuse the release of client assets where performance could expose the bank to sanctions under Swiss or foreign law, and whether such a clause continues to apply after the notice of termination of the banking relationship.</p> <p>The Court held that under Swiss law provisions of a bank’s GTCs may include provisions conditioning performance by the bank to compliance with foreign legal and regulatory requirements and such compliance reservation clauses continue to apply post-termination during the liquidation phase of the account relationship. The judgment further clarifies that a Swiss governing law clause does not preclude the parties from agreeing, through acceptance of GTCs, that performance may be refused in order to comply with foreign legal and regulatory requirements. It also provides important guidance on the assessment of ownership and control for sanctions purposes.</p>

SEE ALL